A defendant shall be punished by imprisonment for six months.

Seized evidence 3, 4, 5 shall be confiscated.

30,000 won from the defendant.

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to nine months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on February 13, 2014 and completed the execution of the sentence at the Incheon Detention Center on March 20, 201

Even if the Defendant is not a person handling narcotics, the Defendant traded and administered psychotropic drugs-related Mebanes (one philophone, hereinafter “philophones”), as follows:

1. On June 30, 2016, around 19:42, the Defendant sold philophones by receiving KRW 200,000 in cash from E in the volume of E’s car parked on the front line of the Southern-gu Incheon Metropolitan City Dtacing, and having approximately 0.3g of philophones.

2. At around 14:00 on August 14, 2016, the Defendant administered philophones by means of drinking 0.02 grams in the Defendant’s dwelling room located in Nam-gu Incheon Metropolitan City G apartment 106 dong 603, in the water.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. E prosecutorial statement;

1. The report on the examination and examination of state and the suspect's lawsuit;

1. Previouss before and after judgments: Criminal history records, inquiry reports (verification of the date of release and attachment of judgment) and application of Acts and subordinate statutes;

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 the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (based on calculation) = 300,000 won = 200,000 won of the sales proceeds of philophonephones had the record of criminal punishment for the same crime several times (two times of actual punishment and two times of suspended execution). The Defendant committed the instant crime without being aware of it even during the period of the same repeated offense, and simply committed philophones.