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

452,00 won shall be additionally collected from the defendant.

Punishment of the crime

On November 10, 2010, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on November 10, 201, and completed the execution of the sentence at the Chungcheong detention center on March 23, 2013, and is not a person handling narcotics.

1. On November 22, 2013, the Defendant provided a philophone with approximately 0.4g of psychotropic drugs contained in a one-time injection machine to D, on the road near the Bupyeong-gu Incheon Bupyeong-gu, Incheon, on November 22, 2013, at least 23:30, the Defendant provided a fluorculon with approximately 0.4g of psychotropic drugs, which are psychotropic substances contained in a one-time injection machine (hereinafter “philophone”).

2. At around February 23, 2014, the Defendant: (a) injected philophone medication into a single-use injection machine containing approximately 0.05 grams of oponon in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) dilution; and (c) injected it into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. A telephone number stored in a DNA mobile phone;

1. Requests for each appraisal;

1. Investigation report (report on the market price of phiphonephones);

1. Previous records: Criminal records and other inquiries, the number and confinement status of each individual, and the application of Acts and subordinate statutes;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) ( point of provision or medication of a penphone) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [452,000 won = 352,00 won [880,000 won (the nationwide retail price per 1 phiphonephone as of January 2014 nearest at the time of sentencing)] x 0.4 grams per gram] of the Act on the Control of Narcotics, etc. subject to Additional Collection;

1. Application of the sentencing criteria;

(a) Basic crime: mariju or flaps, such as the sale, purchase, arrangement, etc. of narcotic drugs (determination of types) provided by phiphones on November 22, 2013;

Items c) and c.

Title, etc. (Scope of Recommendation), one year and six months to four years, respectively.