A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. On November 14, 2015, the Defendant issued and received approximately 1.37 g of hybrid tobacco from E on the street in Ansan-si, a member-gu, AB-CHINACA, designated as temporary narcotics, to F without compensation, and then granted and received approximately 1.37 g of hybrid tobacco in B-Susa (AB-CHACA; hereinafter “AB-CHINAA”) ingredients of Hubak, a local mental medicine designated as temporary narcotics.

2. On November 23, 2015, the Defendant: (a) paid 10 million won to a person who was unaware of his name; and (b) received delivery of approximately 178.02g of hybrid tobacco of Hexan or car ingredients in the Seo-gu Daejeon District of Daejeon, Seo-gu, Daejeon; and (c) purchased them.

3. On November 23, 2015, the Defendant: (a) sealed approximately 178.02 g of lux tobacco contained in non-cracks or car ingredients on the packaging packaging of 100 vinyls and carried them in a way that the Defendant had them in front of the H Mart parking lot located in Ansan-si, Ansan-si; and (b) carried them in a way that the Defendant sealed 178.02 g of lux tobacco contained in non-cracks or car ingredients to sell them to F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police to J;

1. Protocols of police seizure and list of seizure;

1. Each investigation report (including attached documents and photographs);

1. A written appraisal of each drug;

1. Recording notes;

1. A written confirmation of transaction details;

1. Each CD (the CCTV images and telephone conversationss);

1. Application of each statute on photographs;

1. Article 58 (1) 3, Article 3 subparagraph 5, subparagraph 3 (a) of Article 2, and Articles 5-2 and 5-2 (5) of the Act on the Management of Narcotics, Etc. for Criminal Facts (the receipt, sale, and purchase of hybrid tobacco, the possession of them for sale, and the choice of imprisonment for each limited term);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning the violation of the Act on the Control of Narcotics, etc.,, as stated in paragraph (3) of the largest holding of such offense];

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under the Criminal Act;