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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On October 13, 2017, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the Goyang Branch of the Jung-gu District Court, and the judgment became final and conclusive on October 21, 2017.
【Offenses by the Defendant shall not smoke or take in marijuana or marijuana seed coats, or carry marijuana, its seeds, or its seed coats for this purpose, unless he/she is a person handling narcotics.
1. On February 2, 2017, the Defendant smoked, at the Incheon Gyeyang-gu apartment house or the lodging house No. 406 of the Incheon Gyeyang-gu, with a pipe made of the gambling paper No. 0.5g of the place of work, from D, with a fluence attached thereto.
2. On February 4, 2017, the Defendant, holding marijuana, filed a suit with approximately 1g of marijuana owned by the said D for the purpose of smoking or taking in, at the places described in paragraph 1, around February 4, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D by the prosecution;
1. Statement made by the police for E;
1. A report on investigation (calculated additional collection charges);
1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (a) and statutes attached to a suspect A, such as confirmation of criminal history and judgment;
1. Article 61 (1) 4 (a) and Article 3 subparag. 10 (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc. concerning criminal facts, Articles 61 (1) 4 (b) and 3 subparag. 10 (the point of smoking marijuana) of the Act on the Management of Narcotics, etc., Articles 61 (1) 4 (b) and 610 (the marijuana);
possession), each choice of imprisonment
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;
1. The proviso to Article 67 of the Narcotics Control Act;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is the background and content of each of the crimes in this case, the confession and reflect of all of the crimes, and the record of punishment for the same crime is the same.