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

270,000 won shall be additionally collected from the defendant.

Punishment of the crime

On January 19, 2017, the Defendant sentenced the Changwon District Court to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on November 30, 2017.

[2019 Highest 2294] The defendant is not a person handling narcotics.

1. Around March 12, 2019, the Defendant: (a) received 170,000 won from C at the toilet near the Busan Jin-gu B market; and (b) sold a mopon with approximately 0.7gg of psychotropic drugs, a psychotropic drug.

2. On May 11, 2019, the Defendant, at around 20:0, injected 0.03 grams into a single-use injection machine at the Defendant’s residence located in Busan Jin-gu, Busan, and injected phiphones by means of injecting them into the arms after dilution with water.

[2019 Highest 3370] Notwithstanding that the Defendant is not a person handling narcotics, around September 14, 2018, the Defendant paid F 100,000 won in front of the Busan Jin-gu E apartment in Busan, Busan, and purchased approximately 0.12 grams from F with a penphone contained in the disposable injection machine.

Summary of Evidence

[2019 Highest 2294]

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each written appraisal [2019 Highest 3370];

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (F part of the statement) against the accused;

1. Application of Acts and subordinate statutes on criminal records, etc. and personal confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (referring to the determination of types)]. Narcotics crimes: Trading, arranging, etc. (Type 2] marijuana and perfumes;

Items c) and c.

(1) ...