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

10,000 won shall be additionally collected from the defendant.

Punishment of the crime

On June 10, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Port Prison on June 27, 2017, and is not a narcotics handler.

On July 24, 2017, on which the Defendant released and did not pass one month, the Defendant administered a philopon in a way of drinking approximately 0.03g of Melopon (one philopon; hereinafter “philopon”) at the heading room 102 of “D” located in the Busan Young-gu Busan Metropolitan City, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure, a report on investigation (current 8), a list of price lists of narcotics, and an appraisal report;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (5 times a year), text of the judgment, and application of Acts and subordinate statutes concerning the status of personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes ( punished by imprisonment)

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 1880, Feb. 29, 199; 200; 3.2.) in the basic area (10. b. c. b. c. c.) of types 3 (10. b. c. c. c. c.) of the Act on the Control of Narcotics, etc., the person subject to mitigation [a person subject to mitigation]: The scope of sentence compared to the applicable sentences of the same criminal history (not less than 3 years of suspension of execution) and the recommended sentences: 10 months to 2 years [a person subject to mitigation] according to the sentencing guidelines; 3.51 of the Criminal Act, including the administration