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A defendant shall be punished by imprisonment for one year.
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
Defendant is not a narcotics handler.
1. On November 3, 2015, the Defendant: (a) transferred KRW 500,000 to an enterprise bank account in the name of C; (b) purchased approximately five grams of marijuana from C in front of the building in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; and (c) purchased a total of 71 grams of marijuana from C in the same manner, as indicated in the list of crimes in attached Table 1, from July 8, 2016 to July 8, 2016.
2. On November 2015, the Defendant smoked marijuana in the vicinity of his house in Gangnam-gu, Seoul, with the flag’s flag’s flag, and then smoked marijuana over 13 occasions from that time to that time by the same method as indicated in the list of crimes in attached Table 2, from that time, to that time, in the same manner as indicated in the list of crimes in attached Table 2.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of protocol concerning the examination of suspect C by the police; and
1. Application of Acts and subordinate statutes to written statements on the date of a urinal inspection and appraisal of narcotics;
1. Article 59 (1) 7 and Article 3 subparagraph 9 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (amended by Act No. 14019, Feb. 3, 2016) of the former Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and the Selection of Punishment therefor;
1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed and the punishment shall be aggravated for concurrent crimes prescribed for the crimes of violation of the Act on the Control of Narcotics, Etc. due to the Purchase of Narcotics, etc. on May 6, 2016, which are the largest penalty];
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation, community service and lecture attendance order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;
1. Grounds for sentencing on the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the purchase price of marijuana and the purchase price of 6.7 million won as stated in the judgment)
1. The scope of applicable sentences by law: Imprisonment for one year to 45 years; and
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes of violation of the Act on the Control of Narcotics, etc. by the purchase of marijuana;