A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

No person shall trade or smoke marijuana, and no person other than a handler of narcotics shall receive, keep, deliver or administer marijuana, or deliver, receive or administer a local mental medicine.

Even if the Defendant is not a narcotics handler, the Defendant treated the MaDMA (hereinafter referred to as “EXP”) which is a hemp and a local mental medicine as follows.

1. From July 2016, the Defendant received, at around 02:00, approximately 3 g of hemp in a non-fluorous form, in a non-fluorous form D from D in his/her dwelling place located in Seongdong-gu Seoul Metropolitan Government apartment 109 dong 402, and around 402, respectively.

Accordingly, the Defendant received marijuana and X-mail.

2. Receipt of marijuana;

A. On April 2016, the Defendant received, without compensation, approximately 3g of marijuana, contained in vinyl boms, from D in the residence of the above Defendant at around 01:00.

B. On October 22, 2016, the Defendant provided F with two-g marijuana free of charge at the F’s residence located in Seongdong-gu Seoul, Seongdong-gu, 107 Dong 1404, and 1404.

Accordingly, the defendant received marijuana over two times.

3. On August 8, 2016, the Defendant: (a) paid KRW 2,00,000,000 as the purchase price for marijuana in front of H main points in Gangnam-gu Seoul, Seoul; and (b) around 5 days after around 11:00, the Defendant received delivery of KRW 10-g of marijuana, which was packaged by D at the residence of the above Defendant at around 11:0.

Accordingly, the defendant purchased marijuana.

4. On October 12, 2016, the Defendant: (a) promised to purchase marijuana and X-mail from D on October 12, 2016; (b) promised to transfer KRW 1,500,000 from D to a new bank account in the name of D; and (c) on October 30, 2016, the Defendant did not receive the delivery of approximately 28gg of marijuana and X-gu 5 appliances from D from D in the said Defendant’s residence; and (d) was arrested by the police and received the delivery of marijuana and X-gu 5 appliances.

Accordingly, the defendant did not have intended to purchase marijuana and X-mail and attempted to commit it.