A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated 5 F-UR-144 ( XLR-11, hereinafter referred to as “XL-11”) of the synthetic hemp department as follows.

1. On March 14, 2016, the Defendant, at around 17:38, remitted 300,000 won to C’s account in advance, under the name of XL -11 gold. On the same day, around 21:00, at the main point of “E located in Mapo-gu Seoul Metropolitan Government D”, the Defendant purchased EXE -114 meters from the above C.

2. On March 19, 201, around 15:00, the Defendant administered EXE-11 in a smoking room on the first floor of the F building in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. Around March 19, 2016, EXE L-11, EXE-11 by inserting tobacco into a cigarette with a strox, and then smoking.

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. A copy of a search and seizure inspection warrant (2016-9327) reply;

1. A copy of the investigation report (for the narcotics purchased by the person under investigation);

1. A copy of the report on internal investigation (including the results of appraisal of suspected liquid of narcotics, replys and accompanying documents, and accompanying documents);

1. Application of Acts and subordinate statutes on account transactions;

1. Article 58(1)3, Article 3 subparag. 5, and Article 2 subparag. 3(a) (the occupation of X-EL-11, the occupation of imprisonment with labor for abandonment), Article 59(1)5, Article 3 subparag. 5, and Article 2 subparag. 3(a) (the occupation of X-EL-11) of the Narcotics Control Act concerning criminal facts, the defense counsel may apply Article 60(1)1 and Article 3 subparag. 1 of the Narcotics Control Act to the administration of X-EL-1.

However, considering the fact that the Act on the Control of Narcotics, Etc. and the Medication are separately prescribed, the “use” of the above Act cannot be deemed as included in the Medication. Thus, the above assertion by the defense counsel is without merit.

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.