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

[Criminal Power] On September 27, 2019, the Defendant was sentenced to a suspended sentence of two years on August 5, 2019 by the Seoul Eastern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

【Criminal Facts】

Since the Defendant is not a person handling narcotics, he/she shall not administer a psychotropic drug substance, hWH-018, and its similar body (hereinafter referred to as “synthetic marijuana”).

On March 1, 2016, around 02:00, the Defendant, at the male toilet located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government “C club”, used the synthetic hemp in a pipe by inserting the psychotropic drug in a pipe and attaching a fire to it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D (2 times);

1. Previous convictions: Application of Acts and subordinate statutes to report criminal investigations;

1. Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. for Crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (to take into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (it shall be repeatedly considered in light of the favorable circumstances among the reasons for sentencing below);

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (20,000 won per synthetic hemp, which is the basis for calculation of the amount of additional collection x once);

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the addiction to narcotics and the harm caused by the circulation and medication of narcotics, etc., it is necessary to strictly punish and eradicate the crimes related to narcotics, etc. that are disadvantageous to the Defendant.

On the other hand, however, the defendant shows an attitude against the defendant while recognizing the crime, there is no criminal power against the defendant due to the same crime, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes which has become final and conclusive.