A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 22, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court for one year and two months on July 29, 2016, and completed the execution of the said sentence at the Daejeon Prison on July 29, 2016, and is not a narcotics handler.

1. On February 20, 2017, the Defendant administered a philopon by inserting water into a single-use injection machine containing approximately 0.03g of flopon, which is a flopic mental medicine, within a passenger car parked near the “D hospital” located in the Geum-gu Busan Metropolitan City (hereinafter “D hospital”). At around 21:00, the Defendant administered a philopon by inserting it into a single-use injection machine containing approximately 0.03g of philopon, and then injection it into his arms bloodline.

2. Around 12:00 on February 23, 2017, the Defendant possessed a phiphone in a manner of keeping a single-use injection device containing approximately 0.04 g of phiphones in the parking lot for the “D Hospital”, by holding the phiphones in the Australian machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, photographs thereof and investigation reports (netly 17);

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation reports (12), judgment sentences, personal confinement status, and application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of punishment recommended] medication, simple possession, etc.