A defendant shall be punished by imprisonment for one year.

One during the course of seizure (No. 1) shall be confiscated.

10,000 won from the defendant

Criminal facts

On May 27, 2016, the Daejeon District Court sentenced the Defendant to a violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics) at the Daejeon District Court on May 27, 2016, and completed the execution of the sentence on November 24, 2017.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around December 21, 2017, at around 21:00, the Defendant administered a philopon by inserting approximately 0.06g of Melopon (one philopon; hereinafter “philopon”) purchased from D at his own house located in Busan Dong-gu, Busan, for a single-use injection machine, and dilution it with water, and then in the form of injecting it into the melopon.

[Grounds requiring medical care and custody] The Defendant was sentenced to a suspended sentence of 10 months at the Busan District Court on June 28, 2013 to a violation of the Narcotics Control Act, and was sentenced to a suspended sentence of 2 years until the instant crime was committed on three occasions during the period of about four years. In light of the fact that the instant crime was administered with a penphone on two weeks only, the Defendant was found to have a habit to administer a penphone or a person addicted to it, and as such, it is necessary to receive medical treatment at the treatment and custody facility for committing a crime corresponding to imprisonment without prison labor or a heavier punishment, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Voluntary accompanying report;

1. Report of investigation (verification of place where narcotics are administered and of injection period);

1. Investigation report (the result of a simple test of reagents);

1. Investigation report (written photographs of a philophones);

1. Investigation report (the result of a detailed appraisal by a river);

1. Investigation report (the change of the purchasing place of phiphones and the route of movement);

1. Investigation report ( CCTVs at the upstream line);

1. A investigation report (related to collection);

1. A written appraisal;

1. Existing vaccination (Evidence 1);

1. Previous convictions in judgment: Inquiry into criminal history and investigation report (verification of the fact of a suspect, repeated crime);

1. The need for treatment and re-offending of the habits of the judgment;