A defendant shall be punished by imprisonment for two years.

2018 Evidence Nos. 1348 shall be confiscated.

From the defendant, 100.

Punishment of the crime

On July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on July 14, 2016, and completed the execution of the sentence at the Changwon Prison on January 10, 2017.

Defendant is not a narcotics handler.

On March 12, 2018, at around 19:20, the Defendant: (a) purchased 4.82 grams of Meteptopy (one philophone; hereinafter “philophone”) which is a local mental medicine package packed in plastic plastic bags from E in front of D, located in Busan Dong-gu, Busan, by giving KRW 1,50,00 and then, (b) possessed a philophone in a manner that receives the said philophone from the 2 truck parked in front of Busan Dong-gu, Busan, around 19:40 on the same day.

On July 14, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on July 14, 2016, and completed the execution of the sentence at the Changwon Prison on January 10, 2017.

Defendant is not a narcotics handler.

On February 6, 2018, at the defendant's house located in J, Jinju-si, around 18:00, the Defendant administered a penphone by dilution 0.03g of Melopon (one philopon; hereinafter referred to as "philopon"), which is a local mental medicine, in a manner of dilution with malopon, into the main body.

Summary of Evidence

[2018 Highest 1348]

1. Partial statement of the defendant;

1. Legal statement of a witness I and J;

1. Police seizure records and list of seizure;

1. A written appraisal;

1. Investigation report (to attach a copy of the suspect interrogation protocol related to suspect E).

1. Statement by the defendant in court;

1. A reply to a request for appraisal (before judgment);

1. Application of Acts and subordinate statutes to inquire about criminal history and report on criminal investigations (whether a suspect is a repeated offender);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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. Matters concerning the management of confiscated narcotics;