A defendant shall be punished by imprisonment for not less than eight months.

A penalty of KRW 100,000 shall be collected from a defendant.

The above additional charges are imposed on the defendant.

Punishment of the crime

[criminal record] On January 29, 2016, the Defendant was sentenced to a suspended sentence of 2 years in the Daejeon District Court for a violation of the Act on the Control of Narcotics, Etc., and was sentenced to a suspended sentence of 2 years on November 24, 2016. On November 23, 2017, the sentence was completely executed on November 23, 2017.

[Criminal Facts] No person other than a person handling narcotics shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, give or receive, trade, arrange for trade of, or provide narcotics or psychotropic drugs.

Even if the Defendant is not a person handling narcotics, the Defendant treated the Mepter (i.e., a single philopon; hereinafter “philopon”) designated as a psychotropic drug as follows:

1. At around 12:00 on Nov. 18, 2019, the Defendant received and delivered philophones by receiving philophones, free of charge, a vinyl paper containing approximately 0.5g of philophones from D in front of C in Suwon-si, Suwon-si, Suwon-si B.

2. On November 18, 2019, the Defendant administered philophones by mixing approximately 0.1g of philophones with beer, at the F restaurant located in Seongdong-gu Seoul Metropolitan Government, with a beer.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Entry of a copy of the protocol of suspect examination as to D prepared by the police;

1. Statement (including attached documents) of investigation report (specific report on the amount of additional collection) prepared by the prosecution;

1. Entry of a copy of the content of extraction of text messages;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to a statement of investigation report (including attachment documents, such as a report on the same type of criminal records and a written judgment) prepared by the prosecution;

1. Relevant Article of the Act on the Control of Narcotics, etc. and each point of the judgment of the choice of punishment: Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc.;

1. Each crime of rendering judgment as to whether a repeated crime is aggravated: Article 35 of the Criminal Act;

1. Aggravation for concurrent crimes;