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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.
However, as to Defendant B, this shall not apply.
Reasons
Punishment of the crime
Based on the facts acknowledged by the oral argument and the record of the case, the facts charged were partially modified and recognized ex officio to the extent that it is deemed that there is no impediment to the defense of the
[Criminal Power] On November 9, 2016, Defendant A sentenced two years to imprisonment for a crime of causing bodily injury resulting from special obstruction of performance of official duties at the Busan High Court, and completed the execution of the sentence in the Jinju Prison on February 23, 2018.
【Criminal Facts】
The Defendants handled psychotropic drugs (JWH-018) and their similar objects (hereinafter “the so-called “the so-called “the so-called “herb drug”), even though they are not the person handling narcotics, as follows:
1. Defendant A
A. The Defendant, from around December 24, 2018 to around 09:00 on December 25, 2018, used synthetic marijuana over five times in total by inserting a gambling place on the DMW320d car parked on the front road of the city of Gyeongnam-si, Kim Jong-si, and inserting a synthetic hemp in a bMW320d car.
B. Around 09:00 on December 25, 2018, the Defendant possessed synthetic marijuana 276.86g at the place indicated in paragraph (a) of Article 1.
2. On December 24, 2018, from around 23:00 to around 09:00 on December 25, 2018, Defendant B, at the place indicated in paragraph (a) of Article 1, used synthetic marijuana once by reducing the amount of synthetic marijuana in custody at the seat of the Defendant’s Operation DMW320d passenger car receipt book, by inserting the amount of tobacco therein, and by inserting it in the said place, inserting it into the said place, and smoking the smoke by attaching a fire.
“2019 Highly 61” (Defendant A) Defendant A is not a person handling narcotics, notwithstanding that the person handling narcotics is not a person handling narcotics:
A. On December 22, 2018, around 23:00, GWH-018 and its similar body (i.e., “herb narcotics” hereinafter referred to as “synthetic marijuana”), psychotropic drugs, are used in a manner that makes it difficult for a smoke by putting them on a gambling place;
(b) On December 22, 2018, at the same place around 23:30.