A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

[criminal history] On June 16, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said sentence at the Mapo Prison on April 5, 2017.

[Criminal facts]

1. Medications (one philoopon; hereinafter referred to as “philoopon”);

A. The Defendant, around the first half of August 2017, 2017, inserted water in a single-use injection machine containing approximately 0.03g of phiphones at the Defendant’s office located in Nam-gu Incheon Metropolitan City Office, and recorded phiphones into the Defendant’s arms.

B. On September 12, 2017, the Defendant: (a) stored water in a single-use injection machine that contains approximately 0.03 grams in a company’s lodging place where the Defendant living in Yangju City D, and recorded phiphones; and (b) injected in the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On September 19, 2017, the Defendant, holding a phiphone, concealed and kept a disposable injection device under the company’s lodging lease containing approximately 0.2g opphones, in which the Defendant, located in Yangju-si D, living in Yangju-si.

Accordingly, even if the Defendant is not a narcotics handler, he possessed a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A written appraisal of each drug;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and the confirmation of the period of repeated crimes);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.