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 December 9, 2014, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on December 9, 201, and on May 29, 2015, the Defendant had three times the same criminal records, such as the termination of the execution of the sentence in the Busan Detention Center.

The defendant is not a person handling narcotics.

At around 12:00 on October 11, 2015, the Defendant administered philophones in a way of dilution the psychotropic drug’s camblurine (i.e., one philophone; hereinafter “philophones”) in front of the Data located in Busan Seo-gu, Busan (i.e., one camblon; hereinafter “philophones”).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Response to the request for appraisal;

1. Seizure records;

1. Before a report on investigation (in relation to collection): Application of criminal records, personal identification and confinement status, and Acts and subordinate statutes concerning a report on investigation (the confirmation of the date of release);

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 for aggravated repeated crimes;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (amended by Presidential Decree No. 2010, Feb. 1, 2008) is [the scope of recommending punishment] medication, simple possession, etc. of types 3 (in the case of items (b) and (c)), the basic area (10 to 2) of the Act on the Control of Narcotics, etc. (10 to 3 years) / The decision of sentence] self-denunciation / the same criminal record (in a case where the sentence is not more than 3 years) / The decision of sentence has three times the criminal history of the same crime to the defendant, and the defendant

Provided, That the punishment as ordered shall be determined within the scope of the sentencing criteria in consideration of the fact that the accused surrenders himself/herself, the time of committing a crime, the age, family relationship, environment, etc. of the accused.