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

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

[criminal history] On February 3, 2016, the Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Daejeon District Court, and completed the execution of the said sentence on October 11, 2016 at the branch office of the Daejeon District Court.

[Criminal facts]

1. The Defendant, around August 17, 2017, inserted approximately 0.03 grams in a one-time injection machine at the D’s residence located in Gyeyang-gu Incheon apartment 104 Dong 1109, and injected it into the Defendant’s arms, after inserting approximately 0.03 grams in a single-time injection machine at the D’s residence located in 104 Dong 1109.

2) around August 18, 2017, the Defendant injected approximately 0.03 grams from the toilets located in the above D’s residence to a single-use injection machine, melting them as water, and injected them into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered philophones, which are a local mental medicine, twice.

2. At around 13:40 on August 18, 2017, the Defendant, holding a phiphone, concealed and kept a transparent blicker containing approximately 1.2g of phiphones in the clothes room located in the above D’s residence.

Accordingly, even if the Defendant is not a narcotics handler, he possessed a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's office and each protocol concerning the examination of suspects of D;

1. Documents with consent to recovery of urines, each protocol of seizure, and each list of seizure;

1. An appraisal report and an investigation report on each narcotics (calculated of an additional collection charge);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of a criminal suspect A with the same repeated crime);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines shall be one crime.