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

subparagraph 1 of the seized evidence shall be forfeited from the accused.

Punishment of the crime

[criminal history] On February 14, 2017, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Gwangju District Court on February 14, 2017, and completed the execution of the sentence at the Busan Correctional Institution on January 16, 2018.

[Criminal facts] The Defendant is not a narcotics handler

1. On March 22, 2018, from around 03:50 to around 05:00 on the same day, the Defendant administered phiphones by inserting approximately 0.03g of Mesofta (one philopon; hereinafter referred to as “philopon”) 0.03g in a single-use injection machine, which was in possession of D hotel 708 in Kimpo-si, Kimpo-si, Kimpo-si.

2. Around 01:00 on March 29, 2018, the Defendant injected philophones by dilution them into a disposable injection machine with approximately 0.03g of philophones in Dongdaemun-gu Seoul, Seoul, and then injection into one’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. Written confirmation of training reaction as a result of a simple test of narcotics wurged by AC, a report on the results of preliminary test of narcotics, and an appraisal report on narcotics;

1. Investigative report (in calculating a surcharge, photographing a scopon medication scophophone medication), and investigation report (in calculating an additional charge);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the suspect's criminal judgment and date of release);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the punishment is selected, and the choice of imprisonment for a crime, 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Type 3 (referred to in items (b) and (c) of the Criminal Procedure Act (referred to in items (a) and (c)) of the Criminal Procedure Act, such as medication, simple possession, etc. of reasons for sentencing under Article 334(1) of the said Act;