A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence1 through 6 shall be confiscated from the accused.

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on October 15, 2015 and completed the execution of the sentence on May 22, 2016.

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On September 3, 2017, at around 20:0, the Defendant, at the residence of the Defendant located in Kimhae-si C, administered phiphones by inserting approximately 0.03g of Mesophical drugs (one philopopon; hereinafter “philopon”) into a single-use injection machine, dilution into the water, and in injection into the arms.

2. On September 4, 2017, at around 16:10, the Defendant: (a) kept one disposable injection device from Evis 701 in Kimhae-si, approximately 0.09g philopon, and one disposable injection device from philopon, each of which contains approximately 0.25g and approximately 0.16g of philopon in his hand; and (b) carried a philopon by placing two disposable injection equipment containing approximately 0.25g and approximately 0.16g of philopon in his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Notification of each appraisal result and reply to a request for appraisal;

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

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including netly 60 times and current status of personal confinement by annexed individuals);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. under the relevant Act concerning criminal facts, and the selection of imprisonment, respectively;

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 Act on the Control of Narcotics, Etc. for Additional Collection (Standards for 100,000 won at a market price for a single scopon, one time of medication);

1. Crimes No. 1 for reasons of sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act) is subject to the aggravated area (one to three years) (one to three years), including medication, simple possession, etc.