A defendant shall be punished by imprisonment for six months.

3.90,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Punishment of the crime

[criminal record] On May 29, 2015, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on February 17, 2017, and completed the execution of sentence in the previous correctional institution on February 17, 2017. On March 29, 2019, the Jung-gu District Court sentenced on one year and six months to imprisonment for a violation of the Act on the Control of Narcotics, etc., and the judgment was finalized on July 19, 2019.

[Criminal Facts] The Defendant is not a person handling psychotropic drugs, and thus cannot handle Metephacopics (i.e., a “philopon”, and hereinafter “philopons”).

Around 23:00 on October 7, 2018, the Defendant promised to receive KRW 300,000 from D in front of Guluri City B, and sold 1.3g of philophones contained in a disposable-use injection machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness D;

1. The protocol (or copy of the protocol of examination of suspect) of each prosecution against the defendant or D;

1. A copy of each protocol of examination of suspect with regard to D; and

1. The details of currency (D);

1. Investigation report (related to D location October 7, 2018);

1. A report on investigation (additional imposition) and a list of cancer transaction prices;

1. Previous convictions: Criminal records, the results of search by prisoners, each judgment, the District Court Decision 2019No88 (Attachment to Public Trial Records) and the defendant and his defense counsel asserted that they did not engage in philophones transaction at the location as stated in the facts of crime, and therefore, they are argued to the effect that they did not engage in philophones transaction. Thus, the following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, i.e., the facts of the transaction of narcotics to the defendant unilaterally by the investigation agency, i.e., that they did not report the fact of the transaction of narcotics to the defendant to the investigation agency, and as they were arrested as additional crimes concerning narcotics that could have been acquired as the instant narcotics crime around February 7, 2019, the instant case was made in the process of making statements about the instant narcotics that had been the cause of the arrest, and further