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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
1. Notwithstanding that the Defendant is not a handler of narcotics, on December 1, 2016, the Defendant received 150,000 won in cash as the purchase price for marijuana from the deceased in the name (E) office at the “D” office in Gangnam-gu Seoul Metropolitan Government, and received 150,000 won in cash from the deceased in the name (E) around December 3, 2016.
2. On December 8, 2016, the Defendant: (a) around December 8, 2016, in a F-motor vehicle parked in front of the foregoing “D” office no one smokes marijuana; (b) made the pipe made of plastics by inserting it into the pipe made of plastics; and (c) made the smoke by attaching the fire to it.
3. On December 13, 2016, the Defendant: (a) around December 13, 2016, in a F-motor vehicle parked in front of the foregoing “D” office no one smokes marijuana; (b) made the pipe made of plastics by inserting it into the pipe; and (c) made the smoke by attaching the fire to it.
4. On December 15, 2016, the Defendant, even if not a narcotics handler, kept approximately 0.61g of marijuana in an inland rink in which the Defendant was parked in the said parking lot at the same parking lot F of the building G G in the Dong-dong, Gyeonggi-gu, Busan-gu, Sinyang-si, and carried marijuana.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Seizure records;
1. Application of Acts and subordinate statutes to an appraisal report on narcotics, a report on investigation ( mobile analysis), and a report on investigation (calculated additional charges);
1. Article 61 (1) 4 (a) and 6, subparagraph 10 (a) and Article 3 subparagraph 10 (1) 2 of the Act on the Control of Narcotics, Etc., concerning facts constituting an offense;
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) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;
1. Article 48(1)2 and (2) of the Criminal Act, Article 67 of the Narcotics Control Act.