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

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

Punishment of the crime

On April 24, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 24, 2015, and on January 26, 2016, the Defendant was a person with the same criminal records more than four times in addition to the completion of the execution of the sentence at the ignified Vocational Training Institution.

Despite the fact that the Defendant is not a narcotics handler, on December 19, 2016, administered a philopon by inserting approximately 0.03 g of Melopon (one philopon; hereinafter “philopon”), which is a local mental medicine, into a single-use injection machine, and dilution it into a body, and then injecting it into a body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (a written report on the prosecution and a maternity appraisal report);

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

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (date of release and confirmation of repeated crimes);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Management of Narcotics, Etc. [the scope of a recommended sentence] Medicationing, simple possession, etc., of types 3 (b) and 2 (c)) in the basic area (i.e., 10 months to 2 years) / [a person who is subject to special mitigation] / the number of self-denunciation / the same criminal record (within 3 years to 3 years) / The sentence is a crime committed during the period of the same type of repeated crime (a decision of sentence] : Provided, That as a case of simple medication, the fact that the person surrenders himself/herself to investigation agency