A defendant shall be punished by imprisonment for one year.

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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (i.e., one philopon; hereinafter referred to as “philopon”), as follows:

1. On April 2018, the Defendant, on the first half of the new wall bordering in Guro-gu Seoul Metropolitan City, injected a penphone in a way that a man on the name-free side, who became aware of through a smartphone hosting app, put approximately 0.05g of a philophone into a single-use injection machine and dilution it with water, and then had the Defendant injection into the Defendant’s arms bloodline.

2. On July 30, 2018, the Defendant: (a) inserted approximately 0.05g of philopon into a disposable injection machine; and (b) injected a philopon into the Defendant’s arms in a way that the Defendant injected it into the Defendant’s arms in a non-fluoring telephone, which he came to know through a smartphone hosting app at the cross-fluor near Samsung Station in Gangnam-gu, Seoul; and (c) dumped it with water.

Summary of Evidence

1. Defendant's legal statement;

1. A narcotics appraisal statement;

1. Notification of the results of each legal chemical appraisal;

1. Application of Acts and subordinate statutes to investigation reports (related to the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Although the crime related to narcotics, etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. should be punished strictly in light of their social harm, considering the circumstances favorable to the fact that there is no criminal record, simple medication, and the fact that the defendant would not repeat again, and that the defendant would not repeat again, the punishment shall be determined within the scope of the sentence specified in the sentencing guidelines and the execution of the sentence shall be postponed, taking into account other circumstances that form the conditions for sentencing specified in the argument of this case, such as the defendant's age, character and conduct, environment, etc.