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

30,000 won shall be additionally collected from the defendant.

Punishment of the crime

1. Around 22:00 on May 12, 2014, the Defendant, who is not a narcotics handler, mixed “E” clothes operated by D in Busan Jung-gu, with approximately 0.03g of psychotropic drugs, and administered narcotics, etc., after mixing them with water for a single-use injection instrument containing approximately 0.03g of psychotropic drugs (hereinafter “prophonephone”).

2. Even if the Defendant is not a narcotics handler, the Defendant issued to D a disposable injection machine containing approximately 0.03g of phiphones so that D may administer phiphones, without compensation, one of the multiple injection equipment containing approximately 0.08g of phiphones, and issued and received narcotics, after diving, to D additional injection equipment containing approximately 0.08g of phiphones.

3. On June 29, 2014, around 19:00, the Defendant administered narcotics, etc., with approximately 0.03g of phiphonephones, on the water, from a toilet on the first floor of G hotel located in Busan Jung-gu, Busan, the Defendant administered narcotics, etc.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Copy of the protocol of suspect examination of D by the police;

1. Copies of a request for appraisal;

1. Report on investigation (report on calculation of additional collection charges), and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Selection of imprisonment, as provided in Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the fact that the defendant, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc., has been sentenced to a punishment or suspended execution several times for the same crime, and that the defendant administered narcotics twice and delivered them to others, it is inevitable to sentence the defendant to a punishment.

However, it seems that the defendant did not commit the same crime for about seven years prior to the instant case, and it is favorable for the defendant to make a confession and to cooperate in the investigation.