A person shall be punished by imprisonment with prison labor for not less than two months for the crimes of No. 1 in the judgment of the accused, and one year for the crimes of No. 2 in the judgment of the accused.

Punishment of the crime

[2] On January 22, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court, and completed the execution of the sentence at the original prison on July 6, 2016. On January 10, 2018, the Defendant was sentenced to ten months of imprisonment for a violation of the Narcotics Control Act at the Changwon District Court, and the said judgment became final and conclusive on January 18, 2018, and the execution of the sentence was completed at the original prison on February 27, 2018.

[Criminal facts] The Defendant is not a narcotics handler

1. On April 2017, the Defendant: (a) around the end of April, 2017, issued and received philophones to D, using approximately 0.03 gylphones, a local mental medicine, in the Defendant’s residence located in the Haban-gun C building A, Haban-gun, Haban-gun; (b) Mecopon’s Mecopon (hereinafter “philophones”); and (c) granted and received philophones without compensation.

2. On May 6, 2018, the Defendant, at around 18:00, administered phiphonephones by inserting approximately 0.03g of phiphones delivered from G at the guest room in the Felcoon Mapo-gu, Mapo-gu, Mapo-gu, Mapo-ro, G into a single-use injection machine, and dilution them with water and injection into arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. A copy of each statement on appraisal of narcotics and a statement on appraisal of narcotics;

1. Notification of the results of request and analysis of telephone details;

1. A report on investigation (calculated on an additional collection charge) and monthly trend of narcotics;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (Attachment of judgment, etc.) and application of Acts and subordinate statutes on personal confinement;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and 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 Selection of Imprisonment with prison labor;

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

1. Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of Article 1 of the judgment and the crimes of violation of the Act on the Control of Narcotics, Etc., for which judgment becomes final and conclusive on January 18, 2018)

1. The defendant for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.