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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Even if the Defendant was not a person handling narcotics, he handled the psychotropic drugs-related Mepters (i.e., one philopon; hereinafter referred to as “philopon”) and marijuana as follows:

1. Violation of the Narcotics Control Act;

A. At around 18:00 on February 28, 2019, the Defendant, within the business establishment of the “C” of the first floor of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, the Defendant: (a) injected approximately 0.05g of philophones into a single-use injection machine; (b) dilution them with water; and (c) administered them in the manner of having the Defendant injection into the Defendant’s arms blood transfusion.

B. At around 20:20 on the same day, the Defendant administered approximately 0.05 g of phiphonephones in paper cups, and administered them by dilution them with water.

2. Around 18:00 on February 28, 2019, the Defendant violated the Act on the Control of Narcotics, Etc. (mariju) put about approximately 0.5g of marijuana in the pipe for smoking made by using a gambling place, and smoked in a way of smoking with a fire attached thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A statement on narcotics appraisal and a statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor for each of the following items:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

(a) Nos. 1 and 2 crimes [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] [Violation of the Act on the Control of Narcotics, etc.]; 01. Medication, simple possession, etc. (Type 3];

Items c) and c.

Sub-paragraph (Special Convicts) mitigation factors: Aggravation factor.