A defendant shall be punished by imprisonment for two years.

20,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Punishment of the crime

[criminal history] On April 24, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on April 24, 2015, and completed the execution of the said sentence at the Port Prison on January 20, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On May 20, 2017, around 11:05, at the Defendant’s house located in Busan-gun C, the Defendant administered Meteptop ca (one penphone; hereinafter “philopon”) approximately 0.07 g of crypon to coffee, which was held by the Defendant’s house located in Busan-gun C.

2. On November 5, 2017, around 12:00, the Defendant administered “Furphones” in Busan-gun E, approximately 0.07g of oponon on a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each protocol of seizure;

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

1. A criminal investigation report (related to presumption of additional medication due to training as a result of the evaluation of maternity);

1. A criminal investigation report (related to the calculation of an additional collection charge);

1. Previous convictions: Inquiries about criminal history and the application of reporting and reporting Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the scope of punishment / ] medication, simple possession, etc. (1 to 3 years) in the area of aggravation (1 to 3 years), [1 to 3 years] in the area of aggravation (1 to 13 years of special aggravation] / [the decision of suspension of execution within 3 years] in the same type of crime [the defendant] / despite the past record of several times of the same crime, he again commits the crime in this case during the period of repeated crimes of the same kind of crime, and the crime No. 2 in the judgment below is again committed during the period of repeated crimes of the same kind of crime. After the investigation of the crime No. 1