A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Punishment of the crime

[criminal history] On March 27, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on two years and six months on January 9, 2016 and completed the execution of the sentence in a military prison on January 9, 2016, and has three times the same criminal history.

[Criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On March 11, 2016, around 22:00, the Defendant: (a) operated on the street in front of the D theater located in Busan Dong-gu, Busan; (b) and (c) approximately 0.7 grams of Metepiles (one philopon; hereinafter referred to as “philopon”) who are a local mental medicine drug contained in the day-to-day injection machine to E in a car; and (d) 300,000 won was floped from E in consideration of the price.

Accordingly, the Defendant sold approximately 0.7 grams to E in KRW 300,000.

2. On March 13, 2016, around 01:00, the Defendant injected approximately 0.1g of phiphonephones into water from the 102-Dong 214, Busan Young-do, Busan, the Defendant’s residence, and administered phiphones by means of infecting the Defendant’s arms with a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of E by the prosecution;

1. Statement made by the prosecution against E;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal (training of philophones);

1. Previous convictions: Inquiry about criminal history, personal identification and confinement status, and application of statutes of each judgment;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), including medication, simple possession, etc., of the said crimes (one to three years), which are subject to the aggravation (one to three years) of the aggravated area (one to three years) of the said crimes (a person subject to special aggravated punishment), and the two crimes [a person subject to suspended execution for not more than three years) of the said species (a person subject to suspended execution for not more than three years).