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

400,000 won shall be additionally collected from the defendant.

Punishment of the crime

On November 10, 2016, the Defendant was sentenced to one year and four months of imprisonment for violating the Act on the Control of Narcotics, Etc. at the Incheon District Court on July 2, 2017, and completed the execution of sentence on July 2, 2017. On February 9, 2018, the Seoul High Court sentenced one year of imprisonment with prison labor and four months of imprisonment with prison labor for violating the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) at the Seoul High Court on February 9, 2018.

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

1. On January 29, 2019, the Defendant: (a) administered philophone medication in a way that, around 20:00 on January 29, 2019, the Defendant injected approximately 0.03g of philophone into a single-use injection machine; (b) dilution with water at the non-acturatur in the B market at Ansan-si.

2. On January 30, 2019, the Defendant: (a) on January 30, 2019, the philophone medication was administered by inserting approximately 0.03 grams of philophone into a single-use injection instrument in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, for a single-use injection instrument; (b) dilution with water; and (c) injection with his/her arms.

3. On January 31, 2019, the Defendant administered a phiphone in a way of inserting approximately 0.03g of phiphones into a single-use injection machine in Seocho-gu Seoul Seocho-gu, Seoul, and dilution with water, and then injection into his own arms.

4. On February 1, 2019, the Defendant administered philophones by inserting approximately 0.03g of philophones in the E hotel G on February 1, 2019 and dilution them into water in a single-use injection machine, and in a way of injecting them into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to the investigation report (whether a repeated crime is confirmed);

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. Collection of narcotics;