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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On March 28, 2019, the Defendant was sentenced to a suspended sentence of six months for special assault by the Incheon District Court, and the judgment became final and conclusive on April 5, 2019.

【Criminal Facts】

Since the Defendant is not a person handling narcotics, he/she shall not handle psychotropic drugs, such as a psychotropic drug, Meblopon (hereinafter referred to as “dibopon”).

Nevertheless, around 19:00 on February 15, 2019, the Defendant administered phiphones by inserting approximately 0.08 grams into a single-use injection machine, dilution with water, and injection with his/her arms in his/her arms, within the residence of the Defendant in Michuhol-gu Incheon Metropolitan City B Housing C.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Responses to requests for appraisal, reports on narcotics appraisal, response to requests for appraisal, and statements on narcotics appraisal;

1. Previous records of judgment: A investigation report (Attachment of judgment, etc.), A's Incheon District Court Act, one copy of judgment of special assault, criminal records, etc., and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, Article 2, and Article 3 (b) of the Act on the Protection of Narcotics, Etc. and the Selection of Punishment for Crimes, and Selection of Imprisonment with prison labor;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. The crime of narcotics, etc. with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is not easy to detect due to its characteristics, has a high risk of recidivism, and has a significant negative impact on society as a whole due to cryptability, toxicity, etc., and has a record of being punished for the same kind of crime in 2007, are disadvantageous to the defendant.

However, the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects the wrongness, and the age, character, environment, motive, means and result of the crime.