Seized evidence Nos. 4 and 6 shall be forfeited from the defendant.

from the defendant.

[criminal power] On November 28, 2017, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended sentence for a violation of the Act on the Control of Narcotics, Etc. at the Gwangju District Court on November 28, 2017. On May 30, 2019, the Defendant was sentenced to 6 months of imprisonment with prison labor for the same crime in the same court on May 30, 2019 and the said judgment became final and conclusive on June 8, 2019, and completed the execution of sentence in the Southern Prison on March 23, 2020.

【Criminal Facts】

Notwithstanding that the Defendant is not a person handling narcotics:

1. On March 26, 2020, at around 18:00, the Defendant’s residence in the Gwangju Mine-gu B building C used a psychotropic drug 0.03g of psychotropic drugs (i.e., one philopon; hereinafter “philopon”), administered philopon by means of injecting the Defendant’s left part by using a single injection device;

2. Medication at around 10:00 on March 27, 2020 using a disposable injection device for the same method at the same place under paragraph (1); and

3. Medication at around 10:00 on March 28, 2020 using a disposable injection device for the same method at the same place under paragraph (1); and

4. Around 20:00 on March 28, 2020, at the same time, the 0.03g gopon was administered using a disposable injection device at the same place as in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crimes;

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

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

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 Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to narcotics crimes;