A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be additionally collected from the defendant.

Punishment of the crime

[criminal history] On January 13, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on January 13, 2016 and completed the execution of the sentence on January 30, 2017.

[Criminal facts] The Defendant is not a narcotics handler

On April 3, 2017, at around 20:0, the Defendant administered a phiphone in a way of dilution 805 Rabur, which is a local mental medicine, by dilution with approximately 0.03 g (0.03 glurphone hereinafter referred to as “propon”). At around 20:00, the Defendant injected a phiphone into the left body using a single injection device.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Protocols of police seizure and list of seizure;

1. Report on the results of the preliminary test of narcotics, and a report on narcotics appraisal;

1. A report on investigation (calculated amount additionally);

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (the confirmation of a criminal suspect's repeated crime and attachment of the same criminal records before and after the judgment) (The defendant and his defense counsel asserted that each prosecutor's office protocol against the defendant, each police seizure protocol, list, preliminary test report on narcotics, and narcotic appraisal report constitute illegally collected evidence and thus they are not admissible as evidence, but the following argument is without merit.

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (or selection of imprisonment with prison labor);

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

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the prosecutor is seeking the confiscation of evidence No. 2 of the seized evidence, but 8 disposable injection equipment used for the crime of this case is not a injection (the defendant is out of the window side of the her mother’s emergency stairs, which is used by the prosecutor after medication of phiphones as stated in the facts constituting the crime of this case).