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

50,000 won shall be additionally collected from the defendant.

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on November 29, 2018, and completed the execution of the said sentence in the Jin prison on April 5, 2019.

On June 15, 2019, the Defendant injected approximately 0.05g of Metepia (hereinafter “diphone”) to the Defendant’s arms by inserting approximately 0.05g of Metepia in a single-use injection machine, dilution with water at the Defendant’s residence located in the Busan Seo-gu B 4th floor.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A written test report, a criminal investigation report (a photographic photo taken by a father suspected of being a injection state), and a criminal investigation report (Attachment to a narcotics appraisal report);

1. Previous convictions in judgment: Application of criminal history records, investigation reports (verification of the date of release, etc.) and statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor and the defendant in one year and six months reflects his mistake while making a confession to commit the instant crime;

On the other hand, the defendant has been punished several times for the same crime, and has committed a repeated crime again during the period of repeated crime.

In full view of these circumstances, the sentencing conditions indicated in the records of this case, including the background of the crime of this case, the circumstances after the crime, the age, happiness and state of health of the defendant, etc., shall be determined as ordered.