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A defendant shall be punished by imprisonment for not less than one year and six months.
Four injections for the seized medication (No. 1), Mesa 0.1g (Evidence.)
Reasons
Criminal facts
On January 17, 2014, the Busan District Court sentenced the two years and six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on December 29, 2015 at the net prison on December 29, 2015.
[Criminal facts] The Defendant is not a narcotics handler
1. On September 2016, around Kimcheon-si C, approximately 0.1g of 200,000 won (g) of the Meart amba (one philopon; hereinafter “philopon”) which is a psychotropic medicine from E, other than the public prosecution, on the front of the D located in Kimcheon-si, Kimcheon-si.
2. From the date and time indicated in the preceding paragraph to December 4, 2016, the Defendant’s residence located in the Seoul Special Metropolitan City F in the front city to keep the amount equivalent to 0.1g of the said penphone in a white paper.
3. On December 2, 2016, around 23:00, approximately 0.03g of philophones were put in a single-use injection machine at the above defendant’s residence, dilution with bio-waterways, and administered them by means of injecting the left arms part of the elbows into the blood pipe.
[Fact of the cause of the medical care and custody] Defendant 1 is a person who commits a crime corresponding to imprisonment without prison labor or heavier punishment due to or addicted to the habit of injecting a phiphone as above, and needs to receive medical treatment at the medical care and custody facility, and there is a risk of recidivism.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Each protocol of seizure;
1. Each investigation report (the sequence 5 through 7, 10, 19, 25, 29, 32, 39 of the evidence list);
1. Previous convictions: Investigative inquiries about criminal history and investigation reports (the confirmation of criminal record and repeated offense of the suspect);
1. The following circumstances acknowledged by the lower court’s judgment: (a) the Defendant again committed the instant crime during the period of repeated crime despite the past five times of criminal punishment due to the same type of crime; (b) the details and details of the instant crime; (c) the Defendant’s social ties, and economic circumstances.