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

Seized evidence 4 shall be confiscated.

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

Punishment of the crime

On October 8, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the grounds of a violation of the Act on the Control of Narcotics, etc. and was sentenced to two years of suspension on January 13, 2016, and the said judgment became final and conclusive on January 13, 2016, and is currently under suspension of execution,

The defendant is not a handler of narcotics, and shall not possess, possess, use, transport, manage, export or import narcotics or psychotropic drugs, manufacture, prepare, administer, deliver, receive, trade, assist in trade of, or provide narcotics or psychotropic drugs.

Nevertheless, the Defendant:

1. On January 20, 2016, around 20:00, at the Defendant’s residence located in Gangdong-gu Seoul Underground 2 of Gangdong-gu Seoul Metropolitan Government, approximately 0.05g of Mesofts (one philopopon; hereinafter “philopon”), which is a local mental medicine, were put in a single-use injection machine, dilution with water, and d who is living together with D injection with the Defendant’s arms.

2. On July 29, 2016, around 02:00, at the place of the foregoing paragraph 1, approximately 0.1g of phiphonephones were dilutioned with scopphones, and administered them in a meconthic manner.

Accordingly, the Defendant administered philophones, which are a local mental medicine, on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written appraisal of each drug;

1. Protocol and list of police seizure;

1. Application of Acts and subordinate statutes to a report on investigation (calculated as a penalty surcharge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Criminal Facts (the choice of imprisonment with prison labor);

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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. The circumstances favorable to the defendant shall be taken into account, such as the fact that the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is the confession, reflectivity, and not re-offending.

However, the same crime is committed.