Seized evidence 3 shall be confiscated.

407,00 won from the defendant.

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

On August 19, 2017, at around 12:00, the Defendant administered a philophone on one occasion by inserting approximately one g of the two grams of philophones acquired by means of pre-discilation into a one-time injection machine for use, dilution with water, and in injection with the Defendant’s arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol of seizure and a list of seizure;

1. A copy of an appraisal report on narcotics;

1. Application of each of the Acts and subordinate statutes in a copy of the medical record for A patient;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., and Article 48 (1) 1 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the nationwide average cancer transaction price of KRW 407,000) ;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Article 60(1)2 of the Act on the Control of Narcotics, Etc. provides that “Medication” means only the case where a person uses a philopon for the purpose of causing physical or mental dependence due to misuse or abuse of a psychotropic mental drug. As such, the Defendant’s act of injecting a philopon to commit suicide does not constitute “Medication” under Article 60(1)2 of the Act on the Control of Narcotics, Etc., and thus, it does not constitute a crime of violation of the Act on the Control of Narcotics, Etc., since the Defendant’s act of injecting a philopon for the purpose of committing suicide is not used for the aforementioned purpose.

2. In full view of the following circumstances acknowledged by the evidence of the judgment, the Defendant’s act of injecting the instant phiphone is a misuse or abuse of a native mental medicine.