The defendant shall be punished by imprisonment with prison labor for two months and by imprisonment for eight months with prison labor for the crime No. 2 of the judgment.

Punishment of the crime

[Criminal Power] On July 14, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on July 14, 2015, and completed the execution of the sentence in the military prison on May 12, 2016.

Since the criminal facts of the defendant, which are the grounds for aggravation of repeated crimes, are not criminal facts, but merely reasons for sentencing, it may be tried and judged even if not stated in the indictment, and the prosecutor omitted the applicable provisions for aggravation of repeated crimes in the indictment while instituting the defendant.

Even if the court applies this ex officio, the defendant may be punished as a repeated offense (see, e.g., Supreme Court Decisions 71Do2004, Dec. 21, 1971; 2006Do3194, Jul. 27, 2006). In addition, the court determines the repeated offense described in the judgment against the defendant and the repeated offense ex officio.

On November 15, 2018, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on November 15, 2018, and the said judgment became final and conclusive on April 6, 2019, and on May 20, 2019, the Defendant completed the enforcement of the sentence in the medical prison.

【Criminal Facts】

Since the Defendant is not a person handling narcotics, the Defendant is prohibited from handling psychotropic drugs (hereinafter referred to as “chophones”).

1. On September 7, 2018, the Defendant received philophones from a person who was unaware of his/her name in front of the Seoul detention center’s door, which was located in 143, received philophones from him/her without compensation, around September 7, 2018.

2. At around 22:00 on June 5, 2019, the Defendant administered philophones in a way that philophones are 0.07 gs in the Defendant’s residence located in Macro B in Macro-si, in a way that wraps the clophones into a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure and each list of seizure;

1. Report of internal medicine (the result of the test of reagents reaction as a documentary examiner);

1. Preliminary test report on narcotics and response to each request for appraisal;

1. Previouss before judgment: Criminal records, reply reports, and dispositions not yet made;