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

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on September 8, 2016, and completed the execution of the sentence on April 25, 2017.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (the clopphone; hereinafter referred to as “philophone”) which is a local mental medicine as follows:

1. On May 29, 2017, the Defendant: (a) injected philophones around 20:00; (b) injected DNA 301; (c) 0.03g of philophones into a single-use injection instrument; and (d) injected them with water; and (c) injected them into a single-use injection instrument.

2. On May 31, 2017, the Defendant: (a) around 13:25, the Defendant: (b) stored approximately 0.17g of philopon in the front of the Felon E located in Busan Jin-gu, Busan; and (c) stored it in the part of the part-time injection machine, and carried it.

Summary of Evidence

The application of the Act and subordinate statutes to report on the investigation of reports (verification of a suspect's convict) as a result of the preliminary examination of narcotics in the defendant's protocol of search and seizure on court by the defendant

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of punishment are applicable to the facts constituting an offense (or selection of imprisonment);

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Grounds for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection.

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Handphone medication as indicated in the judgment: The area of aggravation (the same kind of crime as before a suspended sentence of not more than three years) by three types (one year to three years, including the medication, the simple possession, etc.);

(b) Possession of philophones as indicated in its holding: Type 3 (pactophones, item (b) and item (c)) is aggravated (the same kind of crime for which execution is suspended for not more than 3 years), including one year to 3 years of medication and simple possession;

(c) The scope of final sentence due to the aggravation of multiple offenses: one year to four years.

2. One year and two months of imprisonment with prison labor for a decision of sentence (the accused shall be subject to criminal punishment, including the sentence three times as to a narcotics crime;