A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

300,000 won shall be additionally collected from the defendant.

Criminal facts

On April 22, 2015, the Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Changwon District Court on April 22, 2015, and completed the execution of the sentence at the Seocheon Prison on December 19, 2015.

No person other than a narcotics handler shall administer or possess a psychotropic mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the Metropha (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows, and neglected to do so.

1. On May 1, 2016, at around 22:00, the Defendant injected approximately 0.03g of philopon into the Defendant’s house located in Kimhae-si C, after dilutioning 0.03g of philopon into the Defendant’s left part.

2. On May 18, 2016, at around 23:00, the Defendant injected approximately 0.03g of philopon into the part of the Defendant’s son, after dilutioning the velopon into the velopon with approximately 0.03g of velopon.

3. On May 19, 2016, around 18:00, the Defendant: (a) inserted “G” 702 Mophones in Kimhae-si F; (b) inserted approximately 0.12 g opphones into the clopon; and (c) administered them with drinking water together with drinking water.

4. On May 19, 2016, the Defendant placed approximately 0.06g of philopon in the emergency room of the I Hospital located in Kimhae-si, Kimhae-si, and put up approximately 0.06g of philopon into the main machine of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Photographs;

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

1. Application of Acts and subordinate statutes to inquiries about criminal history, copies of judgment, and personal confinement status;

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. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Three types of reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommended sentences), medication, simple possession, etc. (the items (b) and (c) of this Article);