A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 3 shall be confiscated.

10,000 won from the defendant.

Punishment of the crime

On August 11, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on the part of August 11, 2015 and completed the execution of the sentence on August 24, 2016.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated Metropha (the diaphonephone; hereinafter referred to as “philophone”) as follows.

1. On May 7, 2017, the Defendant administered philophone medication by inserting approximately 0.03g of philophones into a single-use injection machine at the residence located in the Gu of Changwon-si, Changwon-si, and dilution with water, and then administering them in one’s arms.

2. On May 8, 2017, the Defendant, at the residence of the above Defendant, carried approximately 0.8g of opon and 0.009g of opon, which are contained in a transparent plastic sealed paper in the table of the name of the consignee, and kept approximately 0.09g of opon, which is placed in the color tag, respectively, and carried approximately 0.02g of opon on the bottom of the floor at which the Defendant’s dwelling was placed in a white paper, by keeping approximately 0.02g of opon on the top of the floor.

Summary of Evidence

The application of Acts and subordinate statutes to an investigation report (the confirmation of a suspect's convict) on narcotics in the report of seizure protocol made by a defendant before the court;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of punishment are applicable to the facts constituting an offense (or selection of imprisonment);

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Grounds for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection.

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Handphone medication as indicated in the judgment: The area of aggravation (the same kind of crime as before the suspension of execution for not more than 3 years) by 3 types, such as the medication for one year to 3 years, the simple possession, etc.;

(b) Possession of philophones as indicated in its holding: Type 3 (phophones, item (b) and item (c)) of the aggravated area (the same kind of crime for which the execution of one year or less is suspended) of one year or more to three years;

(c) The scope of final sentence due to the aggravation of multiple offenses: one year.