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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 8, 2018, around 09:00, the Defendant received approximately 0.2g of the Mebatop (one philopon; hereinafter “philopon”) of the Mebatop (one philopon”; hereinafter “Melopon”), a local mental medicine, from Yangcheon-gu Seoul Metropolitan Government, on a free basis.

2. On March 8, 2018, at around 10:00, the Defendant administered philopon in a way that strings a smoke generated by heating the bottom of the philopon to a glass pipe prepared in advance about 0.1g of philopon, using the strings as soon as possible through the philopon inhales.

3. On May 5, 2018, at around 22:00, the Defendant administered approximately 0.1g philophones in the aforementioned manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (a response to a request made by a State and a response to a request made by a suspect) and a criminal investigation report (calculated additionally);

1. Protocols of seizure and list of seizure (Nos. 8 and 9);

1. Application of the Acts and subordinate statutes of the narcotics appraisal statement (No. 21 of the evidence list);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

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

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

1. Second crimes for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendations] / the basic area (10 months to 2 years) (10 months to 3 years) of the Criminal Procedure Act / [the scope of recommended punishment] / the basic area (the scope of recommended punishment / the scope of recommendation / simple possession) / the basic area (10 months to 3 years) of the medication and simple possession, etc.