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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around March 26, 2015, the Defendant violated the Act on the Control of Narcotics, etc. (fence) inserted approximately 0.03g of psychotropic drugs, which are psychotropic drugs received without compensation from E, from “Dcafeteria located in Jung-gu Incheon Metropolitan City”, into a single-use injection machine, added approximately 0.03g of psychotropic drugs, and then injected them into the Defendant’s arms.
Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.
2. Violation of the Act on the Control of Narcotics, etc.;
A. The Defendant possessed marijuana, from the end of December, 2014 to March 27, 2015, kept the hemp fat, taken from the Defendant’s residence located in the Nam-gu Incheon Metropolitan City F, in the possession of the hemp f.
Accordingly, the defendant possessed marijuana even though he is not a person handling narcotics.
B. The Defendant for smoking marijuana: (a) around 17:00 on March 27, 2015.
In the same place as the statement in the port, the smoke shall be dice with a smoke attached to marijuana tobacco.
Accordingly, the defendant smoked marijuana even though he is not a person handling narcotics.
Summary of Evidence
1. Defendant's legal statement;
1. Protocols of seizure, list of seized articles and photographs thereof;
1. Each written appraisal;
1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of the market price of narcotics);
1. Article 60 (1) 2, Articles 4 (1), 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (the point of a smoking in marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (a) of the Act on the Control of Narcotics, etc.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Application of the sentencing criteria: