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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is not a narcotics handler.

1. 2019. 9. 6.경 필로폰 매매 피고인은 2019. 9. 6. 22:00경 위쳇 어플리케이션 대화명 ‘B’를 사용하는 성명불상자로부터 필로폰을 구입하기로 하고, 20만원 상당의 위쳇머니를 위 성명불상자에게 송금하고 성명불상자가 서울 구로구 C, 1층 우편함에 보관해놓은 필로폰 약 0.4그램을 가지고 오는 방법으로 필로폰을 매매하였다.

2. Around September 6, 2019, the Defendant administered philophones by means of opening 0.4g philophones in the E rocketing car parked near the unit D in Ansan-si around September 6, 2019, and smoking the smoke of philophones generated by heating the philophones into a single-use dog.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect interrogation protocol of the defendant against the prosecutor (the defendant made a concrete statement on the process of purchasing phiphones on September 6, 2019, so the confession made by the defendant on September 6, 2019 in relation to the crime of trading phiphones is deemed to be reliable)

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on response to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. The punishment as ordered shall be determined by taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, etc., where the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is limited to a simple medication, the Defendant has no record of criminal punishment in the Republic of Korea,

The acquittal portion

1. The Defendant of this part of the facts charged is narcotics.