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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Even if the Defendant is not a narcotics handler, the Defendant handled Metepha (one philopopon; hereinafter referred to as “philopon”) as follows.

1. On July 29, 2017, the Defendant: (a) had been aware of the fact in the vicinity of the main office of the subway No. 1, the subway station located in the 583-dong, Seopyeong-dong, Busan around the day of July 29, 2017.

B purchased 200,000 won from Handphones in a way that he receives approximately 0.47g and a disposable injection device from Handphones.

2. The Defendant administered a scopon in a copical telephone in which the trade name near the above copon station cannot be known. From among the copon purchased as above, the Defendant inserted about 0.03g of a single copon into a single copon injection machine, added the copon into a single copon injection machine, dilution it, and injected it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Each investigation report;

1. Each protocol of seizure and each list of seizure;

1. Notification of the results of each legal chemical appraisal and reply to a request for appraisal;

1. Walls and philophone photographs, etc.;

1. Application of the present Acts and subordinate statutes of evidence No. 16;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Application of the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) is administered, simple possession, etc., and there is no basic area (10 months to 2 years) of the basic area (10 months to 3 years).

B. The final scope of sentence according to the increase of multiple offenses for which no basic area (one hundred to two years) (one hundred to two years) exists, such as medication, simple possession, etc. of Type 3 (b) (i.e., f., h. and c) of the Second Crimes (the scope of the recommended punishment):