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

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Punishment of the crime

[Criminal Power] On September 13, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 13, 2012 and eight identical military power.

【Criminal Facts】

Around 05:00 on June 4, 2019, the Defendant, despite that he is not a person handling narcotics, administered them by inserting approximately 0.07 grams of psychotropic drugs, in a single-use toilet located in the dwelling of the State of Busan, Dongdong-gu, Busan, with water-dilution, and then administering them in a way of injecting them into one’s own damages, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigation report (the No. 15 of the evidence list);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of one copy of the trend of narcotics monthly and the price for cancer transactions;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following circumstances: (a) the basic area (10 to 2 years) of types 3 (10 to 10) including medication, simple possession, etc. / [10 to 2] the defendant has the same history of sentencing]; (b) the defendant has several types of vinyls with detection of philopon ingredients in the instant case, and the defendant appears to have a considerable degree of dependence on philopon in light of the statement made by the defendant at the investigative agency, etc.

In this regard, the last punishment of the defendant due to the previous fault is 2012 years, and the crime of this case is limited to the simple medication of philophones, and the defendant cooperates with the investigation to arrest the upper line, including the sentencing factors favorable to the defendant.