(b) Violation of Acts on the Control of Narcotics, etc.;

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The court shall order the defendant to be put on probation and to take a 40-hour course of pharmacologic treatment.

460,000 won shall be additionally collected from the defendant.

To order the defendant to pay an amount equivalent to the above additional collection charge.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated ls and marijuana as follows:

1. Purchasing narcotics;

On December 2, 2016, the Defendant promised to trade by using "MID E (MIDN)" and "SNS SNS MaM", and purchased lsD 1 and 2g marijuana 4.60,000 won in cash in the vicinity of the "PP" hotel located in Gangnam-gu Seoul Metropolitan Government on December 6, 2016.

2. Smoking marijuana;

가. 피고인은 A과 함께 2016. 12. 7. 01:00경 '서울 광진구 D, 701호' 피고인의 주거지에서 '팰리아멘트 담배 2개비의 연초를 빼고 대마 약 0.5g씩을 채워 넣어 대마 담배를 만든 후 라이터로 불을 붙여 각각 대마 담배 1개비씩 나눠 피웠다.

B. On December 7, 2016, the Defendant, along with A, was unable to divide the marijuana tobacco into one by forming the same method at the above place as above, at around 21:00.

Accordingly, the defendant smoked marith in common with A twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A suspect interrogation protocol of the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Each protocol of seizure and the list of seizure;

1. Written request for an appraisal of the Defendant’s side of the prosecution, A’s request for appraisal (2017-H-178), Defendant’s side of the prosecution, Defendant’s request for appraisal of his/her hair (2016-H-21297)

Application of Statutes

1. Article applicable to criminal facts;

Articles 58(1)3, 3 subparag. 5, 2 subparag. 3 (a) of the Narcotics Control Act, Article 59(1)7, and Article 3 subparag. 7 of the Narcotics Control Act, Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act, Article 30 of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. and the violation of the Act on the Control of Narcotics, etc. (marijus) due to the purchase of marijuana, and the punishment imposed on the violation of the Act on the Control of Narcotics,

1. Selection of punishment;

Punishment for the violation of the Act on the Control of Narcotics, etc., shall be limited to imprisonment and each choice of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc.

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the extent of adding up the long-term punishments for crimes in violation of the Act on the Control of Narcotics, etc. with the largest punishment) Articles 38 (1) 2 and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Orders for probation and education;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

【Calculation of Additional Collection Amount】 460,000 won in total of lsD purchased and marijuana 1)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to twenty years;

2. Reference to the sentencing criteria 2);

(a) Basic crimes: Crimes of violating the Act on the Control of Narcotics, etc.;

[Determination of Types] Type 3 (Narcotic drugs, perfumesa........) such as assistance in the trade of narcotics

[Special Mitigation] Purchasing or receiving for simple possession of medication

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 5 years of imprisonment

(b) The first and second concurrent crimes: the crimes of the Act on the Control of Narcotics, etc. (mariana) by smoking marijuana;

[Determination of Types 2] Medication, simple possession, etc. (ma) of narcotics

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 months to 1 year and 6 months;

(c) Results according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of two years and six months from June to six years;

3. Determination of sentence;

[Unfavorable circumstances] The Defendant purchased lsD and marijuana and committed a crime of smoking the marijuana so purchased. Narcotics-related crimes are likely to have a serious adverse impact on society as a whole, such as impairing an individual’s body and mind as well as impairing national health or inducing other crimes. Therefore, Defendant need to be punished strictly.

[Egrative circumstances] The Defendant’s mistake from an investigative agency to this court is seriously against his or her will, and there is no record of punishment for the criminal act before the instant crime was committed.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

Judges Kim Gin-han

Support for judges' organization

2) In the case of a crime in a mutually competitive relationship, the sentencing criteria shall not be deemed to apply, but shall be see, as appropriate, the sentencing criteria as follows: