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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall trade, smoke, or possess marijuana.
1. On February 2020, the Defendant purchased and sold marijuana with cash 200,000 won, which was contained in transparent plastic bags, to a seller of marijuana in the name-free marijuana, contacted through a telegram in Gangnam-gu, Gangnam-gu, Seoul, while selling and buying marijuana.
2. Smoking marijuana;
A. On February 2020, the Defendant smoked marijuana in such a way as to put in the fluents of the marijuana purchased, as prescribed in paragraph (1), from among the marijuana purchased, by breaking the fluents and inhaleing the smoke with the fluents.
B. The Defendant around 02:00 on March 15, 2020, the above 2-A.
In the same manner, marijuana was smoked at the same place as in the same paragraph.
3. The defendant holding marijuana does not state the quantity of marijuana in the criminal facts in which he/she purchased as stated in paragraph (1) for the purpose of smoking. However, in light of the evidence duly adopted and investigated by this court, the above amount of marijuana possession appears to be “influence” and even if addition, it seems that the defendant’s exercise of his/her right to defense would not cause any substantial disadvantage, and thus, it shall be corrected ex officio.
Cannabis from February 2020 to the beginning of February 2020
3. A between the 25.11 p.m. and the 11:55
The defendant stated in the subsection has been kept under his custody in his residence, and carries marijuana.
Summary of Evidence
Defendant’s legal statement
The application of the Acts and subordinate statutes to the records of seizure, each list of seizure, each protocol of seizure (a submission by an official) each request for appraisal, each report on internal investigation by narcotics appraisal (Evidence Nos. 1, 13) and investigation report (Evidence Nos. 26 through 29, 31, 32) shall apply.
1. Article 59 (1) 7, subparagraph 7 of Article 3 (the point of trade in marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc., and Article 3 of the same Act concerning criminal facts;