A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Punishment of the crime

[Criminal Power] On September 14, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul Central District Court on September 14, 2017, and completed the execution of the sentence at the Seoul East House on March 2, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On March 1, 2019, the Defendant, on the first day of March, 2019, administered a philophone in his arms after inserting water into a disposable injection machine containing approximately 0.1g of the philophone, which was delivered without compensation from an injured party to his name who became aware of in the introduction of a single-use B from the toilet located in the business establishment in the Michuhol-gu Incheon Metropolitan City, Michuhol-gu, Incheon, at around 01:00.

2. On July 22, 2019, the Defendant, at around 15:00 on July 22, 2019, administered a philopon by inserting a water into a single-use injection machine containing approximately 0.1g of the philopon, which was delivered from the toilet located in the non-commercial premises located in the Nam-dong-gu Incheon Metropolitan City, Nam-gu, Incheon, for free, from “C” on the part of the non-commercial toilet, and then injected the philopon into one’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Seizure records;

1. Temporary test photographs, narcotics appraisal certificates, and national and veterinary narcotics appraisal certificates (net 14);

1. Each investigation report and accompanying materials;

1. Before judgment: Criminal records, investigation reports, and the application of statutes governing accompanying materials;

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., concerning the relevant 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. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment;