A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence seized shall be forfeited from the criminal defendant.

Punishment of the crime

On July 21, 2017, the Defendant was sentenced to one year and three months of imprisonment for a violation of the Narcotics Control Act at the Daegu District Court on July 21, 2017, and completed the execution of the sentence at the Jung Eup prison on May 24, 2018.

Criminal facts

Defendant is not a narcotics handler.

1. On May 31, 2018, the Defendant administered philophones by inserting approximately 0.05 g of Melopon, which is a local mental medicine, into a single-use injection machine, and dilution into arms, around a short time, at approximately 101 multi-household 101 located in Sinsan-si, Sinsan-si. (hereinafter “philopon”).

2. On June 1, 2018, the Defendant, holding a philophone, kept approximately 0.31g of philophones in the room of reception in the dwelling area No. 1, around 18:20 on June 1, 2018, and carried a philophone.

Summary of Evidence

1. Statement by the defendant in court;

1. Summary test results, response to requests for appraisal (2018-D-3163), and a report on narcotic appraisal, response to requests for appraisal, and a report on narcotic appraisal;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of the date of release of a suspect and attachment of a copy of the judgment);

1. Item 2 of Article 60 (1), Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on the Prevention of Criminal Crimes (the administration of phiphones and the possession of phiphones);

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. The proviso to Article 67 of the Narcotics Control Act;

1. Crimes 1 for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of punishment ] 3 types of crimes (1 to 3 years) in the area of aggravation (1 to 3 years), such as medication, simple possession, etc. (1 to 3 years) (1 to 3 years of special aggravation) (the scope of recommended punishment ] 3 types of crimes (2) in the area of aggravation (1 to 3 years of suspension of execution) of the previous criminal records of the same 3 year (not more than 3 years of suspension of execution) and simple possession, etc. (1 to 1 year and 3 years of special aggravation) / [the person subject to special aggravation] of the aggravated area (1 to 3 years of punishment ] of the previous criminal records of the same 3 year and the suspension of execution within 3 years).