A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Punishment of the crime

Defendant is not a narcotics handler.

On August 1, 2018, the Defendant: (a) placed approximately 0.05g of Melopon (one philopon; hereinafter “philopon”) of Melopon, a local mental medicine, in a white paper, in front of Daegu-gu B, Daegu-gu, 2018; and (b) possessed philopon by placing approximately 0.05g in a white paper.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Attachment of a report on seizure and photographs of seized articles), investigation report (Attachment of a certificate of acceptance and transfer of seized articles, and specification of a white-dried body weight);

1. Visits to requests for appraisal and the application of Acts and subordinate statutes on narcotics appraisal;

1. Relevant 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, the selection of a sentence to imprisonment;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Three types (one year to three years) of the aggravated area (one year) (one year to three years) of the aggravated area according to the guidelines for sentencing, such as medication, simple possession, etc. (the scope of the recommended punishment), according to the sentencing guidelines, such as the range of the aggravated punishment (the scope of the recommended punishment), and the previous conviction (the suspended execution for not more than three years);

2. The defendant who has been sentenced shall have a criminal record of the same kind, including imprisonment, several times;

In addition, the crime of this case was committed without being aware of being subjected to suspended sentence for the same crime.

In addition, even though the defendant was not prosecuted, it seems that he actually administered philophones after the judgment of the suspended sentence in light of the result of the Maternal Appraisal.

Considering these circumstances, it is inevitable to sentence the defendant to a punishment.

On the other hand, the punishment shall be imposed by taking into account the favorable circumstances such as the defendant's mistake, the fact that the defendant revealed the merchant line to the investigation agency, the fact that the amount of the penphone in possession of the defendant is not much, and other circumstances such as the defendant's age, occupation, sex, sex and environment, family relationship, motive and circumstance of the crime, means and consequence, and the circumstances after the crime.