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

One divers (Evidence No. 1) seized from the defendant.

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to nine months by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.) at the Changwon District Court on May 14, 2014, and completed the execution of the sentence in the Busan Correctional Institution.

1. On January 13, 2015, the Defendant: (a) placed about 0.03g of the DNA 206 room located in the Busan Eastdong-gu, Busan; (b) collected approximately 0.03g of psychotropic drugs in a single-use injection machine; and (c) injected narcotics into the left blood line, and administered them.

2. Even if the Defendant is not a narcotics handler, on January 13, 2015, at the same place as Paragraph 1, at around 19:00, the Defendant possessed a single-use injection device containing approximately 0.03g gramphones, dilution with water, and carried narcotics, etc. on the bed.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Notification of each seizure report and the results of appraisal of narcotics;

1. Previous records: Application of criminal records, investigation reports (date of release and attachment of a copy of judgment) and statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Although the Defendant’s instant crime was first committed on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the Defendant committed the instant crime during the period of repeated crime, and the Defendant was already punished by a fine of KRW 5 million due to special intimidation and interference with business around December 24, 2014 during the period of repeated crime.

In light of these circumstances, the defendant is sentenced to imprisonment.

However, the punishment as ordered shall be determined in consideration of the overall circumstances, such as the defendant's age and family relations.