The defendant shall be exempted from punishment.

Punishment of the crime

[Criminal Records] On September 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Northern District Court on September 23, 2016, and the judgment became final and conclusive on January 21, 2017.

[2] A person who is not a handler of narcotics, etc., shall not administer Mept caculphs (one philophone, hereinafter referred to as philophones), which is a local mental medicine, and the defendant is not a handler of narcotics.

On June 2016, the Defendant put approximately 0.05g of philopon into a single-use injection machine at the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, dilution with water, and administered philopon to the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal;

1. The report of the drug reaction test;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, investigation report, etc., including criminal history;

1. 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;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39(1) of the Exempted Criminal Act (in light of the substance and circumstances of the crime of this case, even if a judgment was rendered together with the crime in which judgment became final and conclusive, the crime of this case and the above crime for which judgment became final and conclusive shall be exempted from punishment, taking into account equity with the case where a judgment becomes final and conclusive)