A defendant shall be punished by imprisonment for six months.

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

The Defendant, who is not a narcotics handler, shall neither sell nor administer a mert cloid (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine.

1. On May 14, 2020, the Defendant purchased and sold philophones from D to purchase 100,000,000 won, knowing that philophones were in the Defendant’s dwelling area located in the Geum-gu Office Cho-gu, Busan (Seoul) building C, and purchased from D to purchase and sell philophones.

2. The Defendant, at the same time and at a place as set out in paragraph 1, administered the philophone in such a way as to injecte the volume of philophones purchased as described in paragraph 1 and to inject them into the right body with a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on internal investigation into the records of seizure and the list of seizure (report on photographing photographs of each body to the right side of the suspect), and to a report on investigation (training examination related to medication);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] of the punishment for narcotics crimes [the three types] to be administered, taken simple possession, etc. [the three types], (b) and (c) [the special sentencing factors] mitigation factors: Self-denunciation [the territory of recommendation and the scope of the recommended punishment], six months to one year and six months.

3. Determination of sentence: The fact that there are records of the same crime, on the other hand, the fact that the defendant voluntarily surrenders for the purpose of a short term, the age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., as shown in the arguments in this case.