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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 2019, the Defendant paid KRW 3.50,00 to D at the Seocho-gu Incheon, Michuhol-gu, and C Burial, and purchased approximately KRW 0.4g of the psychotropic drugs, Mesofts (one philopon; hereinafter “philopon”).

2. On May 2019, the Defendant, in F building G, a residence of the Defendant located in Nam-gu Incheon, Nam-gu, Incheon, 2019, injected philophones by inserting the philophones purchased as above into a single-use injection machine, dilution them into water, and injection them into the left part of blood.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes of each letter of appraisal of narcotics (No. 11,12 No. 12);

1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (wholly amended by Act No. 16714, Dec. 3, 2019) concerning criminal facts; the choice of imprisonment for each of the following:

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act (3.50,000 won for purchase of phiphones on the market);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. One to fifteen years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (referring to the violation of the Act on the Control of Narcotics, etc. by philophone medication) 1) types of determined narcotics crimes, such as medication, simple possession, etc. (type 3), the area of recommendation and the basic area of the scope of recommendations (referring to 10 months to 2 years of imprisonment) ;

(b) Combined crimes (violation of the Act on the Control of Narcotics, etc. due to the purchase of phiphonephones) (i) the types of determined narcotics crimes, such as the sale, purchase, arrangement, etc. [Class 2] and (ii) the mitigation factors of special persons to be punished: medication and simple possession.