Text
1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. On December 29, 2014, the Defendant received 150,000 won in exchange for payment from E (E, one’s name “F”) in the “D” restaurant located in Ansan-si Member C, Ansan-si, the Defendant received from E (E, one’s name “F”) a synthetic product that contains approximately 1,50,000 won in return for the payment, and from then, a synthetic product that contains approximately e-mail ingredients
Accordingly, the Defendant traded marijuana.
2. On December 29, 2014, the Defendant, around December 29, 2012:30, 12: (a) took part of the dust in a passenger car parked on the road near the subway No. 4 Station located in the Kugdong-gu, Ansan-si, the Defendant injected the smoke by inserting part of the synthetics containing marijuana ingredients purchased, and putting them into a fluoring with fire.
Accordingly, the Defendant smoked marijuana.
3. Around 20:00 on January 20, 2015, the Defendant smoked marijuana at his house located in Young-gu G in Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
2. Application of Acts and subordinate statutes governing requests for appraisal made on February 10, 2015;
1. Article applicable to criminal facts;
(a) The point of trade of marijuana: Articles 59 (1) 7 and 3 (9) of the Narcotics Control Act;
(b) The point of each marijuana smoking: Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) of the Narcotics Control Act;
2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up all the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. by the sale of marijuana with the largest sentence).
3. Article 62 (1) of the Criminal Act;
4. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. of Additional Collection.
1. The scope of applicable sentences by law: Imprisonment for one year to 40 years; and
2. Scope of the recommended sentencing criteria; and
(a) Basic crime: Determination of the type of violation of the Act on the Control of Narcotics, etc. (1) by the sale of marijuana: Narcotics crime group - Trade mediation, etc. - The scope of recommendation that there is no special person in the form of Type 2 (mariana) (2): one year to two years (basic area).