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

Seized evidence 1 to 5 shall be confiscated, respectively.

10,000 won from the defendant.

Punishment of the crime

[criminal history] On October 16, 2015, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act at the Seoul Southern District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at a stay prison around June 6, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On October 28, 2017, the Defendant: (a) paid KRW 1.50,000 to D in Changwon-si, Changwon-si, Changwon-si; and (b) purchased 0.35 g of mephones, a local mental medicine, contained in the single-use injection machine, using approximately KRW 0.35 g of mephones (hereinafter “chphonephones”).

2. On October 30, 2017, at around 15:00, the Defendant administered philophones by dilutioning approximately 0.03g of philophones purchased in Heung-gu E with approximately 0.03g of philophones contained in paper cups.

3. On October 30, 2017, at around 15:30, the Defendant declared approximately 0.29g philophones contained in two disposable injection machines, and approximately 0.03g gramphones contained in a disposable injection machine, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Response to a request for appraisal;

1. Each investigation report (including attachment of a detailed statement of deposit and withdrawal transactions, and attachment of monetary details);

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the date of final release);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts (each point of purchase of phiphones, medication, and possession of phiphones);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Along with Article 334(1) of the Criminal Procedure Act which repeats the same kind of crime for the reason of sentencing, and the fact that it is a criminal committed during the period of repeated crime is disadvantageous.