A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Punishment of the crime

[criminal power] On March 23, 2016, the Defendant was sentenced to a suspended sentence of 8 months in imprisonment with prison labor for larceny, etc., and 6 months in imprisonment with prison labor for fraud, etc., at the Changwon District Court on April 12, 2017, which was sentenced to 10 months in imprisonment with prison labor for a violation of the Narcotics Control Act, at the Changwon District Court on April 12, 2017, and the said judgment became final and conclusive on February 9, 2018, and the said suspended sentence became void. On October 5, 2018, the execution of each of the said punishment was completed.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, around January 30, 2019, around 23:00, the Defendant injected approximately 0.03g of psychotropic drugs at the “C” coffee shop in Kimhae-si, Kimhae-si, and administered them by dilution.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written reply to a request for appraisal;

1. Previous records of judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (verification of the date of release and attachment of judgment);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. On the basis of the decision of sentence, circumstances favorable to the sentencing conditions, such as the following circumstances and the defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime: The time of the crime and the reflectivity; and the circumstances unfavorable to the defendant only once of the crime: Two times of the same crime.