A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

1. On March 13, 2017, the Defendant, at around 23:00 on March 13, 2017, was aware of one cigarette in the Defendant’s residence in Gangseo-gu Busan Metropolitan City, and was aware of one cigarette from before.

JWH-018, which is a native mental medicine purchased from D to KRW 1,000, and its dead body (hereinafter “synthetic marijuana”) 10g of approximately 0.5g of 10g and smoking in a way of smoking with fire attached thereto.

2. On March 17, 2017, the Defendant: (a) around 23:00, at the Defendant’s residence of the foregoing Defendant, she made and smokeed in a way of smoking, after making string one cigarette, containing approximately 0.5g of the synthetic marijuana purchased as above, which was purchased in that manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (attached written expert evidence - duplicating, training for hairs);

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. under the relevant Act on criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes with punishment as provided for in a crime of violation of the Narcotics Control Act, March 17, 2017, with heavier penalty)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the Prosecutor] reported all 10gs of synthetic marijuana purchased by the Defendant as subject to forfeiture and claimed for the collection of 1,00,000 won, which is the equivalent value thereof.

However, the confiscation or collection under Article 67 of the Narcotics Control Act is based on the fact that the defendant who is under a criminal trial is sentenced to another penalty in addition to the facts charged.