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.

Punishment of the crime

[criminal record] The defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Busan District Court on September 21, 2007 and was sentenced to a total of four times of punishment for the same crime.

[Criminal facts] The Defendant is not a narcotics handler

1. On August 25, 2018, the Defendant, at around 18:00, smoked the hemp plant in a public toilet near the D D dancing hall located in the Busan Jin-gu, Busan, by removing the smoke from the tobacco plant, and by inserting approximately 0.05 g of the hemp plant in a flusium, attaching a fire to the flusium:

2. On September 2, 2018, the Defendant administered philophones in a way that marphones (one philophones; hereinafter “philophones”) approximately 0.07g g, a local mental medicine, in the dwelling space of the Defendant, located in Busan Seo-gu, Busan, and 8 Dong 606, in the manner that marphones (one philophones; hereinafter “philophones”).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A narcotics appraisal report and reply to a request for appraisal;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (the occupation of smoking marijuana and the choice of imprisonment with prison labor) of the Act on the Control of Narcotics, Etc., to which the monthly trend-related Acts and subordinate statutes governing narcotics apply;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Crimes No. 2 in the basic area (the scope of recommended punishment) of types No. 3 (the items (b) and (c)) of the Act on the Control of Narcotics, Etc. for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Additional Collection of Narcotics, Etc.: The basic area (the scope of recommended punishment), such as medication and simple possession, etc. (the scope of recommended punishment) of types No. 2 of the Act on the Control of Additional Collection of Narcotics, etc. (the items (d) and (e) of 8 months to 1 year).