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

On December 23, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Changwon District Court on December 23, 2014, and completed the execution of the said punishment at the Heung Prison on December 30, 2015.

No person other than a narcotics handler shall provide or administer a psychotropic mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant provided and administered the Mept Aptopy (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine as follows.

A. On May 29, 2016, at around 12:00, the Defendant provided the said D with approximately 0.09g philopon in a remote field without a trade name of D operations located in the counter C of Changwon-si, and provided the said D with approximately 0.09g philopon.

B. On June 19, 2016, at around 17:00, the Defendant injected approximately 0.03g of philopon into the Defendant’s residence in Kimhae-si, and injected them on the left part of the Defendant’s left part.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A report on investigation (calculated additional collection charges);

1. A statement on narcotics appraisal;

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and confinement status, and application of Acts and subordinate statutes of Part III of the judgment;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] for the crimes under Class 2 (the scope of punishment) in the area of aggravation (one year and six months to four years), the area of aggravation (one year and six years from June to six years from the date of suspension of execution within three years), such as medication and simple possession (one year to three years from the date of suspension of execution) of Category 3 (the scope of punishment) in the area of aggravation (one year to the date of suspension of execution within one year), the area of aggravation (one year and three years from the date of special aggravation), such as medication and simple possession (the scope of punishment) [the scope of final sentence according to the suspension of execution within three years from the date of suspension of execution within one year and six years from the date of six to six years [the decision of sentence].