A defendant shall be punished by imprisonment for not more than ten 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.

Punishment of the crime

On April 24, 2017, at around 00:0, the Defendant: (a) received free coffee containing approximately 0.05 grams from C in the dwelling of the Dong-gu Incheon Metropolitan City (i.e., one philopon; hereinafter referred to as “philopon”); (b) maths; (c) received free of charge tobacco for smoking, containing 0.05 grams; and (d) received from C, without compensation, one cigarette containing the flopic volume in marijuana.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered a penphone, which is a local mental medicine, and received and smoked marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 (2) 3 (b) (the point of receipt and administration of phiphones), 61 (1) 6, and 4 (1) 2 (the point of the number of hemps) of the Narcotics Control Act, Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of smoking of marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment for each crime;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Application of the sentencing criteria;

(a) Class 3 of the basic area (referring to the scope of recommended punishment), such as the medication (referring to the provision of recommendations), simple possession, etc. of the first crime (referring to the item (b) and (c) and the basic area (referring to October 2 to 2);

(b) Purchase or acceptance for medication, simple possession, etc. in the mitigated area (from August to January 6) of Class II (the scope of recommended punishment), including the sale and purchase of phiphones (the scope of recommended punishment), the brokerage, etc.

(c) Type 2 (ma), the basic area (from August to June), including the category 3 (the scope of a recommended punishment), medication, simple possession, etc. of marijuana;

(d) multiple offenses;