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

The evidence seized as referred to in subparagraphs 1 through 3 shall be confiscated from the defendant.

Punishment of the crime

[Criminal Records] On September 12, 2013, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on September 12, 2013, and completed the execution of the said sentence at the Common Detention House on December 6 of the same year.

[Criminal facts] No person, other than narcotics handler, shall sell, administer, or possess a local mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant traded, administered, or saw the Mesopha (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows.

A. On May 10, 2016, around 17:40, the Defendant received KRW 300,000 in cash from E on the street and traded 0.1g of philopon to the above E.

B. On May 11, 2016, at around 20:00, the Defendant injected approximately 0.03g of philopon into the Defendant’s dwelling at around 104, the Defendant injected approximately 0.03g of philopon into the Defendant’s upper body and administered it.

(c)

Defendant

On May 12, 2016, around 14:20, at around 14:20, the defendant's dwelling was parked in G, with approximately 0.6g of philopon in the storage box of goods in the passenger car parked in front of the dwelling of the above defendant.

(d)

At around 14:30 on the same day as the above paragraph (c), the Defendant: (a) divided 14:30 the above Defendant’s residence into the front line of the display line, with a penphone 2.87 g and 1.38 gylphone 2; and (b) concealed it; (c) divided 0.12 g and 0.11 g of a phiphone into the front line of the Defendant’s person’s occupation; and (d) carried 4.48 g of a phiphone in a hidden manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E;

1. Each police seizure report and each narcotics appraisal report;

1. A report on investigation (calculated additional collection charges);

1. Photographs (list of evidence 4);

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and confinement status, application of a copy of the judgment, and other statutes;

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable.