A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1,714,00 won shall be additionally collected from the defendant.

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to one year of imprisonment by the Incheon District Court for a violation of the Narcotics Control Act, etc., and the execution of the sentence was terminated at the Incheon Detention House on September 14, 2016. On October 13, 2017, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Seoul Northern District Court, and the judgment became final and conclusive on May 15, 2018.

A person who is not a narcotics handler shall not receive or sell Meptoptopy (one philopon, hereinafter referred to as "philopon"), which is a local mental medicine, and the defendant shall not be a person who handles narcotics.

1. On September 30, 2016, the Defendant: (a) around September 30, 2016, issued and received philophones to C free of charge at the microdetour room near Incheon Bupyeong-gu, Incheon; (b) delivered approximately 0.05g of philophones to C; and (c) received philophones.

2. On October 4, 2016, the Defendant: (a) decided to sell a phiphone to C on October 4, 2016; and (b) was used by the Defendant from C’s seat.

After receiving KRW 300,000 from the account in the name of E, C was parked in the F bank parking lot near the above “B” and sold opphones by delivering approximately 0.7g of opphones to C in the F bank parking lot located near the said “B.”

3. On October 16, 2016, the Defendant traded phiphones by receiving KRW 400,000 from C within the vehicle operated by C, which was parked in the F bank parking lot near the said “B” around October 16, 2016, and selling phiphones by selling approximately 0.7g of phiphones.

4. On October 21, 2016, the Defendant: (a) around October 21, 2016, supplied C with approximately 0.05 g of phiphones within a vehicle operated by C in front of H station located in Yeongdeungpo-gu Seoul Metropolitan Government on the street; and (b) received and delivered phiphones by providing C with approximately 0.05 g of phiphones.

5. On December 2016, the Defendant: (a) around 02:00 at the end of the Incheon Gyeyang-gu I Building, delivered the J with approximately 0.03g of opon from the street to the J without compensation; and (b) received opon.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the protocol concerning the examination of suspect to the J; and

1. Part C: