A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Chuncheon District Court on October 16, 2013, and on September 3, 2014, at the Chungcheong House on September 3, 2014, four times the criminal records, including the termination of the execution of the sentence at the Chungcheong House.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

On December 5, 2015, the Defendant received approximately 0.03 grams from D bank located near Seo-gu Busan Metropolitan City Intersections (one philopon; hereinafter “philopon”), which is a local mental medicine in the first place of a single-use pacton, from E, and administered a philopon in the way that the Defendant injecteds approximately 0.03 grams of the said philopon into the Defendant’s body using a single-use pacton.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Report of investigation (report on cell phone call records of the suspect); and

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (the confirmation report on the date of release from the military court), application of Acts and subordinate statutes on personal identification and acceptance status;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

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. Purchase or acceptance for medication, simple possession, etc. (the scope of a recommendation) in the basic area (10 to 2 years) of Class 3 (10 to 3 years) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc.