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

Nos. 1 and 2, which have been seized by the defendant, shall be confiscated.

Punishment of the crime

[Criminal Records] On December 1, 2017, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on December 1, 2017, and completed the execution of the sentence at the Busan Correctional Institution on March 17, 2019.

[Criminal Facts] Even if the Defendant is not a person handling narcotics, he dealt with the psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”).

1. On May 18, 2019, the Defendant accepted approximately 0.03g of Handphones without compensation from D, within Daegu Northern-gu B Studio C, Daegu Northern-gu, and 0.03g of Handphones.

2. Medication of phiphones.

A. On May 18, 2019, at around 20:00, the Defendant administered phiphonephones by having D put approximately 0.03gh of phiphones into a single-use injection machine, dilution with water to have the Defendant injection into the Defendant’s arms.

B. On July 1, 2019, at around 22:00, the Defendant put approximately 0.06g of philophone into a single-use cudio, and administered philophones by dilution with water to the Defendant’s arms.

3. At around 16:00 on July 3, 2019, the Defendant: (a) stored approximately 0.27 g of philopon in front of Daegu Northern-gu E, Daegu-gu; and (b) carried philopon in a way that puts the Defendant’s clothes into a cigarette.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of police suspect regarding D;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (as regards the results of the suspect's extraction and hair collection and the examination of simple reagents), investigation report (as to attachment, etc. of seized articles), investigation report (as to the results of suspect A's written appraisal);

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

1. Previous convictions: The application of criminal records and investigation reports (the confirmation report on the date of release and the same criminal records and attachment of judgment);

1. Receipt, medication, and administration of phiphones, respectively, under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., in relation to the relevant criminal facts and the choice of punishment;