The evidence seized shall be confiscated from the accused.

On October 8, 2013, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Act on the Control of Narcotics, Etc. at Seoul High Court on October 8, 2013, and the said decision became final and conclusive on October 16, 2013, and was sentenced to two years for habitual larceny at the Suwon District Court on February 5, 2016, and the said suspended sentence became null and void on January 4, 2019.

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

1. On July 11, 2019, the Defendant administered philophones by inserting approximately 0.1g of philophones from the PC male toilet located in the area of the Seo-gu Incheon, Seo-gu, Incheon, in a single-use injection machine, dilution with water, and injection with the Defendant’s arms blood transfusion.

2. On July 11, 2019, around 19:00, the Defendant kept one disposable injection machine containing approximately 0.37 gramphones in Seongbuk-gu Seoul Metropolitan Government B Hotel, and two disposable injection equipment containing approximately 0.06 gramphones, and carried approximately 0.49g gramphones.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A written expert opinion, a report on investigation (report related to the calculation of a surcharge), a report on investigation (abusing evidence 1 to 3 shall be accompanied by the State and the results of appraisal of seized articles);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [the basis for calculation: the retail price of philophones: 300,000 won/1g x 0.1g of philophones];

1. The order of provisional payment;