A defendant shall be punished by imprisonment for not less than eight months.

703,000 won shall be additionally collected from the defendant.

Punishment of the crime

On December 30, 2015, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Suwon District Court Sejong District Court’s Eunpyeong Site on December 30, 2015, and completed the execution of the said sentence in the Jung-Eup Prison on November 17, 20

Defendant is not a narcotics handler.

1. Around June 2019, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) smoked the hemp plant in a medical corporation located in Pyeongtaek-si B, after deducting the coloned tobacco leaves contained in the cigarette in the C Hospital’s neighboring parks, by inserting the hemp plant in a fluor, and then displaying the smoke generated after attaching it.

2. On July 5, 2019, the Defendant violated the Act on the Control of Narcotics, etc. (flag) received KRW 700,000 from F the purchase price of psychotropic drugs (i.e., a single philopon; hereinafter “philopon”) from F in the vicinity of E-store located in Busan City/Gu, Busan, at the latest night and around July 5, 2019, and assisted F to trade of philopon by giving approximately 1g of philopon, which was received from G.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. The police statement concerning F;

1. Each report on investigation;

1. A statement on narcotics appraisal;

1. The application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Articles 61 (1) 4 (a), 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of mediating the purchase and sale of oponphone) of the Act on the Control of Narcotics, etc., and choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is that the defendant committed the instant crime once again even though he had the record of being punished twice for the same kind of crime, and thus, it is not good that such crime is committed, and the amount of the narcotics handled by the defendant is relatively large.