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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 27, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the Chuncheon District Court on November 27, 2017, and such judgment became final and conclusive on December 5, 2017.
No person shall smoke marijuana or possess it for the purpose of smoking.
1. On July 2016, the Defendant, holding the hemp plant, collected the hemp plant’s franchis from the franchisium in Jeju-do, for the purpose of smoking the franchis of the hemp plant that were born therein, and thereafter, kept the hemp plant B, 711 Dong 1007, the Defendant’s residence until June 28, 2017.
Accordingly, the Defendant possessed the hemp for the purpose of smoking.
2. Smoking of hemp plants:
A. On August 2016, around 20:00, in C around 196, the hemp plant smoked in a way that the tobacco leaves were deducted from tobacco leaves, and then put in marijuana leaves in possession as referred to in paragraph (1) and then added a smoke with a smoke added thereto.
B. On August 2016, 2016, the hemp was smoked in the same manner as indicated in paragraph (a), at around 20:00, at the same place as indicated in paragraph (a).
(c)
On December 2, 2016, 19:00, the hemp smoked in the same manner as indicated in paragraph (a) at the same time.
Accordingly, the Defendant smoked the hemp over three times.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Report on occurrence, each protocol of seizure, each list of seizure, the site of seizure and photographs of seized articles, and replys to requests for appraisal;
1. Previous convictions: A written inquiry about criminal history, reporting of the previous convictions of the disposition, results of confirmation, and application of statutes governing the judgment;
1. Relevant Article of the Act on the Control of Narcotics, etc. for Criminal Facts, and Article 61 (1) 4 (a) and (b) and Article 61 (1) 3 (a) and 10 (the possession of marijuana and the point of smoking) of the Act on the Management of Narcotics, etc. for which a sentence is
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 of the Criminal Act on the observation of protection;
1. Confiscation.