The defendant shall be punished by imprisonment with prison labor for four months and by imprisonment for four months with prison labor for the crime No. 2 in the decision of the court.

Punishment of the crime

[Criminal Power] On December 7, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Eastern District Court on October 20, 2017, and completed the execution of the sentence. On June 22, 2018, the Incheon District Court sentenced ten months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on June 22, 2018 and became final and conclusive on November 23, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter “philopon”), as follows:

1. On April 6, 2018, the Defendant: (a) purchased 400,000 squarephones from Pyeongtaek-si B at night; and (b) purchased and sold 1g phiphones to C in the street in the vicinity of Suwon-si, Suwon-si, on April 7, 2018.

2. On November 17, 2019, the Defendant injected philophones into a single-use injection machine containing approximately 0.05 g of philophones at the Defendant’s residence of the Michuhol-gu Incheon building E, Michuhol-gu, Incheon, and then injected philophones into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of an interrogation protocol of the prosecution against C and a copy of indictment;

1. Records of seizure and the list of seizure;

1. As a result of the simplified drug inspection, a narcotics appraisal report;

1. A report on investigation (calculated additional charges);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (written judgment and personal confinement status);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Act on Punishment for Aggravation of Cumulative Offense;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between the crimes of violation of the Act on the Control of Narcotics, etc., for which a judgment has become final and conclusive on November 23, 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.