A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 3 and 4 shall be confiscated.

10,000 won from the defendant.

Punishment of the crime

[Criminal history] On August 10, 2016, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Chuncheon District Court on the ground of a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on June 8, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. Around August 25, 2017, the Defendant possession of Mespopopon (hereinafter “Mespopon”) was placed in the Mespopon by inserting approximately 0.1g of Mespopon, which was found at the Defendant’s residence located in Hongcheon-gun, Gangwon-gun, and around 18:00 on the following day, until the Mespopon was administered.

2. On August 26, 2017, the Defendant administered philophone medication once by inserting approximately 0.1g of philophones, which were in possession as described in subparagraphs 1 and 201 of paragraph (1), into a single-use injection machine with water, and melting them with water.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the result of simplified test of narcotics, and an appraisal report on narcotics;

1. Investigation report (market price report and report on the calculation of additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (related to repeated crimes);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentencing guidelines;

(a) Class 1 crime (the scope of a recommended punishment), medication, simple possession, etc., and the aggravated area (one year to three years) (one year to three years) (special mitigation) / Where the person is a special mitigation (special mitigation) / habitual offender, the same criminal record (at least three years of suspended execution within three years);

(b) Class 2 Crimes [the scope of recommendations] medication, simple possession, etc., and the aggravated area (one year to three years) (one year to three years) (special mitigation (a special mitigation (aggravating))) of Category 3 (b) and (c).