2. Seized evidence as referred to in subparagraphs 1 through 6 shall be confiscated;

from the defendant.

[criminal history] On January 22, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Suwon Franchising Station on January 22, 2015 and completed the execution of the sentence on February 26, 2015.

[Criminal facts] Even if the Defendant is not a narcotics handler, he dealt with the Meteptopy (one philopon, hereinafter “philopon,”) which is a local mental medicine as follows.

1. On July 1, 2015, the Defendant purchased a penphone by receiving a delivery of a disposable injection device containing approximately 0.5g of opon, under the agreement to pay KRW 608,00,000 as the cost of opon to D, and 200,000,000 won as the cost of opon to D.

2. At around 04:00 on July 1, 2015, the Defendant administered philophones by inserting approximately 0.1g of philophones purchased as set out in the above C hotel 608, as seen in the above 1.1.

3. On July 1, 2015, the Defendant possessed a philophone in front of the E community self-governing center located in Ansan-si E on July 1, 2015, which included approximately KRW 0.4g (Evidence 1) in the remainder of the philophone purchased as stated in the foregoing 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. A certified copy of a protocol concerning examination of suspect concerning D by the prosecution;

1. Each written appraisal;

1. Existing existence of each of subparagraphs 1 through 6 of the evidence; and

1. Records of crime: Inquiry about resident criminal investigation experience, application of Acts and subordinate statutes on personal identification and acceptance status;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act (i.e., Act on the Control of Narcotics, etc. subject to Collection and Provisional Payment Order): 100,000 won for a single philopon;