A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

[Criminal history] On June 1, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act, etc. at the Seoul Central District Court on February 13, 2018, and completed the execution of the sentence.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On July 16, 2018, the Defendant placed about 0.03 g of Melopon in a single-use injection machine and divating it with water, and administered philopon in a vehicle stopped at a non-fluorial fluoring site on the Gannan Highway toward Daegu from the Chungcheongnamnam budget. The Defendant administered philopon by means of inserting approximately 0.03 g of Melopon, a local mental medicine, into a single-use injection machine and dilution it with water, and inserting it into the blood of arms.

2. On August 28, 2018, the Defendant, at around 00:00, inserted 0.03g of phiphonephones into a single-use injection machine in Yeonsu-gu Incheon Metropolitan City B building C, and dilution with water, and administered phiphones by means of injection into arms blood cells.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A report on investigation (calculated additional collection charges);

1. A written test report, results photograph, and appraisal report on each drug;

1. Previous convictions in judgment: Inquiry about criminal history, current status of personal confinement, application of Acts and subordinate statutes of investigation report (Attachment to judgment on the records of crimes involving narcotics);

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. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Control of Narcotics, etc. Due to Handphone medication as stated in paragraph (2) of the same Article which has heavier punishment for concurrent crimes];

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 and 2 (Violation of the Narcotics Control Act) / [Determination of the type] 3 types, such as medication and simple possession, etc. of narcotics;