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

184,000 won shall be additionally collected from the defendant.

Punishment of the crime

On November 9, 2012, the Defendant sentenced the Busan District Court to two years and six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on August 30, 2014.

Despite the fact that the Defendant is not a narcotics handler, the Defendant handled psychotropic drugs-related Mesofts (one philopon; hereinafter “philopon”), as follows:

1. At around 16:40 on September 13, 2014, the Defendant sent 0.4g of philophones to E from the Dotone lake located in Osan-si C, to E without compensation.

2. On August 10, 2016, the Defendant administered philophones by inserting approximately 0.03 gopphones into a single-use injection machine at the Defendant’s residence located in Suwon-gu F or 303, Busan, and in a way of injecting them into his arms by melting them into their arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of repeated crimes and attachment of judgment), application of Acts and subordinate statutes to the status of personal confinement;

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

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. Reference to Supreme Court Decision 2010Do8764 Decided October 28, 2010: National average price of 0.43 grams and 0.7 grams: 300,000 won: 184,000 won (==300,000 won x 0.43gggs, 1,000 won) sentencing

1. Scope of recommendations according to the sentencing criteria;

(a) The same criminal record (a) in the area of aggravated punishment (1 year and six months to four years), such as the area of aggravated punishment (1 year and six years to four years), of Type 2 (the period of suspended punishment for not more than three years), such as selling, buying, arranging, etc. of crimes (the period of suspended punishment for not more than three years);

(b) the second offence;