A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Even if the Defendant is not a person handling narcotics, the Defendant had a mind to purchase and administer a psychotropic drug-related psychotropic drug from a person who sells a penphone via Internet search. The Defendant had a mind to purchase and administer a psychotropic drug-related psychotropic drug (i.e., a “philophone”; hereinafter “philophone”).

1. On March 26, 2019, around 11:31, 2019, the Defendant: (a) deposited 400,000 won in the account under the D name E (Account Number:F) designated by the seller of a philophone in the Gyeyang-gu Incheon Gyeyang-gu, and intended to purchase 0.5 g of a philophone; but (b) the seller failed to deliver a philophone.

2. On March 26, 2019, at around 15:00, the Defendant deposited 400,000 won in the French-gu Seoul Gyeyang-gu’s account used by the seller of penphones. On the same day, at around 16:00, the Defendant purchased 0.5 g of a pen-phone 0.5 g from the floor of the rail of the first floor of the Bara building located in Goyang-dong-gu, Busan Metropolitan City.

3. At around 16:10 on March 26, 2019, the Defendant: (a) placed the opon 0.08glopon purchased as above into a single-use clopon; (b) injected it into the left part of the blood colon; and (c) injected it into the left part of the copon.

4. On April 21, 2019, at around 18:00, the Defendant administered 0.08g of the penphone purchased as above in the above manner at the Defendant’s residence in the Seo-gu Incheon Seo-guJ.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. Records of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. Investigation Report (the details of banking transactions and appendix of photographic records), copy of the investigation report (the calculation of additional dues) - the application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (the point of purchase or medication of philopon) of Article 2 and Article 60 of the Narcotics Control Act concerning facts constituting an offense, and Article 60 of the Act on the Management of Narcotics, Etc.