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A defendant shall be punished by imprisonment for one year.
Seized evidence 1 or 2 shall be confiscated from the accused.
from the defendant.
Reasons
Punishment of the crime
[criminal history] On November 2, 2016, the Defendant was sentenced to one year for a violation of the Narcotics Control Act, and completed the execution of the sentence in the Daejeon District Court’s Hongsung Branch on May 19, 2017.
[Criminal facts]
1. On July 3, 2017, at around 18:40, the Defendant smoked marijuana by inserting 0.5g of marijuana in pipes from male toilets for D resting places located in Asan-si, Asan-si, in a way that inhales the smoke by inserting it into pipes.
2. On July 3, 2017, the Defendant possessed marijuana by storing 1.6 grams in the G K5 passenger cars parked at the F police station parking lot located in Pyeongtaek-si E on July 3, 2017, by means of storing 1.6 grams for smoking.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Copy of the protocol concerning the examination of suspect of H with respect to the police;
1. Photographs of seized articles;
1. A statement on narcotics appraisal;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;
1. Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Management of Narcotics, Etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, Etc., and Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Act on the Management of Narcotics, etc., and choice of imprisonment for each crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] medication, simple possession, etc.