A defendant shall be punished by imprisonment for not less than eight months.

A penalty of one million won shall be additionally collected from a defendant.

Punishment of the crime

On November 21, 2014, the Defendant sentenced Cheongju District Court to one year for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on February 21, 2015.

Although the Defendant was not a person handling narcotics, the Defendant purchased and administered psychotropic drugs-related Mesofts (i.e., a single philopon; hereinafter referred to as “philopon”), as follows:

1. On November 9, 2015, the Defendant: (a) remitted KRW 100,000 of the purchase price of the penphone to the bank account (E) under the name of Korea bank (E) designated by C, which is a seller of the penphone; (b) purchased approximately 0.5g of the penphone, sent by C to F in the letter of express bus freight; (c) around 17:00 on the same day, he purchased it through Kwikset service articles in the “Hart” located in Seo-gu, Seo-gu, Seocheon-gu, Incheon Metropolitan City G.

2. Medication of phiphones.

A. On November 18, 2015, at around 21:00, the Defendant injected approximately 0.2 grams into a single-use injection machine, and injected them into the arms, after dilution.

B. At around 21:00 on December 2, 2015, the Defendant injected approximately 0.2g of philophones into a single-use injection machine, and injected them into the following arms.

C. At around 21:00 on December 16, 2015, the Defendant injected approximately 0.1g of philophones into a single-use injection machine, and injected them into the following arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A drug appraisal statement and a statement of transaction in the agricultural bank account;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation experience records, inquiry into data, investigation reports (Attachment to judgments of the same kind of crime);

1. Relevant Article of the Criminal Act and Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the elective Punishment of Criminal Facts (Selection of Imprisonment);

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. Narcotics control; and