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A defendant shall be punished by imprisonment for not less than eight months.
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
The defendant is not a person handling narcotics.
1. The Defendant cultivated marijuana: (a) around 16:00 on the first day of Apr. 2014, the day of which: (b) around 16:00; (c) had a marithic marith, which was in possession of B; and (d) had a marith marith, cultivated a marithic marith at that place.
In collusion with B, the Defendant cultivated marijuana as such.
2. On October 2014, the Defendant, holding marijuana, collected and divided the 6-7 marijuana leaves cultivated as in the preceding paragraph for smoking, respectively, from the camping in writing in Chuncheon-si around 16:00, on the date lower than that of B and 16:00.
The Defendant, in collusion with B, possessed for the purpose of smoking marijuana.
3. On March 18, 2015, the Defendant smoked, at around 21:00, the Defendant’s alleyway near the Defendant’s office located in Chuncheon City, carried one cigarette in his possession, and inhaled it by taking the marith of marijuana in his possession.
As such, the Defendant smoked marijuana.
Summary of Evidence
1. Defendant's legal statement;
1. A copy of the protocol of suspect examination of the police as to B (one time);
1. An appraisal report and an appraisal report;
1. Collection: Report on investigation (verification of market price of marijuana and calculation of collection amount), application of Acts and subordinate statutes on transaction price of narcotics; and
1. Articles 61 (1) 6, 4 (1) 2 (a) and 61 (1) 4 (b), and 31 (1) 10 (a) and (b), and (b) (a) (the point of smoking marijuana and the point of holding marijuana for smoking) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. First offense subject to the applicable sentencing guidelines under the proviso to Article 67 of the Act on the Control of Narcotics, etc.: The basic area ( August to June) of the second category (the scope of recommendations), such as medication, simple possession, etc., of marijuana cultivation;