A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

134,616 won from the defendant.

Punishment of the crime

On February 23, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 23, 2018 and completed the execution of the sentence in the official prison on December 19, 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 February 18, 2019, the Defendant purchased philophones: (a) around two weeks, at the street room near the B apartment in Yangju-si; (b) 500,000 won in the name of the purchase price for philophones; and (c) 1.04g of philophones, which were contained by dividing into two philophones; and (d) from C, 1.04g.

Accordingly, the Defendant purchased approximately 1.04 gramphones from C in KRW 500,00.

2. On February 19, 2019, the Defendant administered approximately 0.05g of phiphonephones purchased from C in the building D, the Defendant’s residence, which was the Defendant’s dwelling, by inserting them into a single-use injection machine, dilution with water, and then administering them in a way of injection with the Defendant’s arms.

3. On February 21, 2019, the Defendant: (a) around 13:31 on February 21, 2019, kept a disposable injection device containing approximately 0.69g oponon in G Universityology graduate schools and G Universityology graduate schools, which are hidden in G University (G Universityology graduate schools), and a disposable injection device containing approximately 0.4ml in water, which is mixed with approximately 0.4ml of opon.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect C by the prosecution;

1. Records of seizure and the list of seizure;

1. A written request for appraisal, a narcotics appraisal report and an investigation report (related to the calculation of an additional collection charge);

1. Previous records: Application of criminal records and investigation reports (Attachment of a certified copy of criminal records of the same kind of suspect and confirmation of repeated crimes);

1. Purchase, medication, and possession of phiphonephones under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment;