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 July 24, 2015, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on July 24, 2015, and the said sentence became final and conclusive on August 1, 2015.

The defendant is not a person handling narcotics.

On August 16, 2015, the Defendant, at around 00:0, 00, dumped approximately 0.05 grams of psychotropic drugs Metepopa (i.e., one philopopon; hereinafter “philopon”) with water, administered philopon by using a single-use injection device to the Defendant’s arms in charge of blood transfusion.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Notification of the result of legal and chemical appraisal;

1. Seizure records;

1. A report on investigation (a photographic photograph of the arms of the defendant);

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending sentence] medication, simple possession, etc. of Type 3 (1 to 3 years) (1 to 3 years) (1 to 3 years) (a person under special circumstance] of the same criminal offense (a decision of a suspended sentence for a period of less than 3 years), the defendant again committed the instant crime during the suspended sentence period of the same crime, and the gravity of the narcotics crime, etc., it is inevitable to sentence imprisonment with prison labor.

Provided, That a lower punishment than the above recommended punishment shall be determined in consideration of all the circumstances, such as the fact that the defendant has no criminal history of the same kind except once the above suspended sentence, reflects errors, cooperates in the investigation, the defendant's age, environment, health, family relationship, etc.