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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.
Reasons
Punishment of the crime
Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:
1. On May 6, 2018, at around 21:00, the Defendant administered philopon in a way that mecopons (one philopon; hereinafter “philopon”) approximately 0.05 g, a local mental medicine, in his/her own dwelling located in Nam-gu Incheon Metropolitan City C and 101.
2. Around May 7, 2018, the Defendant, at around 22:00, smoked marijuana in a tobacco paper with the flapsing weight (which is equivalent to a one-time smoking portion) of marijuana in his/her place of residence, which is the foregoing place, and then smoked in a way of smoking.
Summary of Evidence
1. Statement by the defendant in court;
1. A written appraisal of each drug;
1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);
1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the points of phiphone medication) of the Act on the Management of Narcotics, etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) (the points of smoking marijuana) of the Act on the Management of Narcotics, etc., and choice of imprisonment for each crime;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Class 1 crime (the scope of recommended punishment) (the scope of recommended punishment), the medication of which is simple possession, etc., and the basic area (0 months to 2 years) (the basic area (10 months to 2 years) (the person subject to special sentencing) is nonexistent;
(b) The basic area (from August to June) of the second crime (the scope of a recommended punishment), including medication, simple possession, etc. (the scope of a punishment for marijuana) (the person who has no special sentencing seal).
(c) The scope of final sentence due to the aggravation of multiple offenses: October to February; and
2. The Defendant, who was sentenced to 33 times criminal punishment, is subject to the said punishment, and even if he/she was punished six times for a hemp-related crime, the nature of the instant crime is not that of the said crime.