A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won shall be additionally collected from the defendant.

Punishment of the crime

On December 13, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on December 13, 2012, and completed the execution of the said sentence at the port prison on October 30, 2013.

No person other than a narcotics handler shall administer or possess a psychotropic mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered and tried to administer the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On July 21, 2016, at around 11:00, the Defendant injected approximately 0.03g of philopon on the Defendant’s left upper part of the Defendant’s body, after dilutioning approximately 0.03g of philopon from a man’s toilet located in the Guha-gu Busan, Busan.

2. On July 21, 2016, around 18:55, the Defendant: (a) placed the Defendant’s Genz car parked in the fel parking lot located in Busan Jin-gu, Busan, in a single-time injection engine and vinyl 0.5g of plasticphone in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A report on the results of the preliminary experiment on narcotics and a response to inquiries;

1. Previous convictions in judgment: The application of inquiry letter, personal acceptance status, and copy of the judgment;

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. under the relevant Act on criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Scope of punishment recommended according to sentencing standards;

(a) Class 1 crime (Offense of Violation of the Act on the Control of Narcotics, Etc. due to Medication) / [Scope of punishment for recommendation] / Simple possession, etc. of medication and simple possession, etc.

(b) Class 2 (Offense of Violation of the Act on the Control of Narcotics, Etc. by Possession) / [the scope of recommendations] medication, simple possession, etc.