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

Nos. 1 and 3, such as vinyls, which contain philophones seized by the defendant.

Punishment of the crime

[Criminal Power] On March 27, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on September 23, 2015 and completed the execution of the sentence in the Ansan Prison on September 23, 2015.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On July 20, 2016, around 14:00, the Defendant taken marijuana by drinking approximately 0.03g of marijuana in the Defendant’s residence located in Busan East-gu C, 101 Dong 2204, Dong-dong, 101, and 2204.

2. At around 03:00 on July 26, 2016, the Defendant administered a phiphone by mixing approximately 0.04g of psychotropic drugs with coffees, in the street near the Busan Eastdong-gu D market, Busan, by a method of mixing approximately 0.04g of psychotropic drugs with cans.

3. At around 11:00 on July 26, 2016, the Defendant: (a) stored, respectively, in his hand, approximately 21.78g of philophonephones contained in five transparent vinyl paper; and (b) holding, respectively, approximately 0.07g of marijuana contained in one transparent vinyl paper in his/her hand for the purpose of taking in.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the protocol of seizure;

1. Entry in an investigation report (in case of a suspect's complaint for collection, defense, seizure, etc. and response for request for appraisal by the State);

1. Each description of the results of preliminary tests, narcotics appraisal report, etc., and the results of appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, criminal investigation reports (Attachment to judgments of criminal records of the same kind as a suspect), investigation reports (applicable to reports on confirmation as repeated crimes);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of possession of a scoponon medication and possession) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of taking marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (b) and Article 3 (10) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (b) of the Act on the Control of Narcotics, etc.

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;