A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence shall be confiscated, respectively.

Criminal facts

No person shall smoke marijuana or marijuana seed coats, or carry for the purpose of smoking.

In this regard, the Defendant smoked marijuana as follows, and possessed marijuana for the purpose of smoking.

1. On December 26, 2016, at around 10:40, the Defendant, who was in possession of marijuana, kept approximately approximately 302.48g of marijuana in the dwelling area of the Defendant, Kimhae-si, Kimhae-si, 304, by dividing it into white and newspapers.

In addition, the defendant's vehicle parked on the first floor of the above D building at the same day and stored marijuana 6.77g of the EM5 car in the white and plastic tight container.

As such, the Defendant possessed 309.25g in total of marijuana.

2. On December 25, 2016, the Defendant: (a) placed approximately 0.06g of marijuana in the pipe (one name: a rapid roots) created by the Defendant’s operation from the G parking lot located in Kimhae-si F to a pipe (around 17:00 on December 25, 2016; (b) placed approximately 0.06g of marijuana in the said SM5 car; and (c) smoked once by attaching a fire.

The Defendant, including this, smoked marijuana through the same method nine times, as indicated in the list of offenses, from around August 2016 to around the above day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each protocol of seizure and the list of seizure;

1. A statement on narcotics appraisal;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article 61 (1) 4 (b) and subparagraph 10 of Article 3 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense ( marijuana)

In possession), Articles 61(1)4(a) and 3 subparag. 10 (in the possession of marijuana smoking) of the Act on the Control of Narcotics, Etc., and each choice of imprisonment, respectively.

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 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant is divided in depth and reflects his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstances.