A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 23, 2016, the Defendant: (a) purchased and sold 20,000 won in cash from E office located in Kimhae-si, Kimhae-si; (b) obtained delivery of JWH-018, which is a native mental medicine, and its carcass (hereinafter “synthesis marijuana”) 2ggs from LWH-018, which is a native mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. A copy of the protocol concerning the examination of suspect concerning F by each prosecution;

1. A criminal investigation report (including accompanying materials set forth in the table of evidence 7, 8, 13, and 17);

1. Application of F's copies of indictment to Acts and subordinate statutes;

1. Article 58 (1) 3, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense (selected to imprisonment with labor for a period of time);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. (based on the calculation of the amount of additional collection: 27,000 won for synthetic marijuana 2g sales);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Imprisonment with prison labor for a period of two years and six months to 15 years;

2. Scope of recommending punishment: Imprisonment with prison labor for up to two years and six months from six months to five years [referring to the types], such as buying and selling, arranging, etc. the drugs (narcotics, a fluoral, etc.) [special sentencing factors] mitigated factors: Purchasing for medication, simple possession, etc. (the scope of recommending punishment): Two years and six months to five years.

3. The Defendant rendered a sentence: (a) purchased JWH-018, which is a native mental medicine called “BB” and the body of the deceased.

The high risk of recidivism is not only easy to detect narcotics crimes due to their characteristics, but also it is highly necessary to eradicate the negative impacts on society as a whole, such as impairing national health or inducing other crimes.

In this respect, the criminal liability of the defendant is important.

However, the defendant recognized the crime of this case late at the court.