A defendant shall be punished by imprisonment for one year.

4,200,000 won shall be additionally collected from the defendant.

The above additional collection is applicable.

Punishment of the crime

Defendant is not a narcotics handler.

1. On August 29, 2013, the Defendant: (a) taken approximately 28g of marijuana from D in the vicinity of the entrance and exit of Gangnam-gu Seoul Metropolitan Government C Station; and (b) provided cash of KRW 2.1 million in return.

Accordingly, the defendant purchased marijuana.

2. On August 29, 2013, the Defendant posted approximately 1g of marijuana to D in a tobacco package at a coffee toilet where the trade name near the said C Station cannot be known.

Accordingly, the defendant accepted marijuana.

3. On September 22, 2013, the Defendant: (a) laid off approximately 28g of marijuana from D in front of the EM restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) provided D 2.1 million won in return.

Accordingly, the defendant purchased marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Each investigation report (with respect to attachment of official rulings, and the contents of dialogue, relating to telephone conversations);

1. Application of the Seoul High Court Act 2014No. 1299, Supreme Court Decision 2014Do12695, Supreme Court Decision 2014Do12695, and the Act and subordinate statutes on screen pictures and telephone conversations

1. Article 59 (1) 7 of the Act on the Control of Narcotics, etc., and Article 3 subparagraph 9 of the Act on the Management of Narcotics, etc., and Article 61 (1) 6 of the Narcotics, etc., and Article 4 (1) 2 of the Act on the Control of Narcotics, etc. (the receipt of marijuana and the selection of punishment) concerning criminal facts;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment for concurrent crimes shall be aggravated for concurrent crimes with the punishment for a violation of the Act on the Control of Narcotics, Etc. due to the purchase of marijuana on September 22, 2013, with the largest penalty];

1. proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the calculation of the amount of additional collection: 4.2 million won ( = 2.1 million won for the purchase of marijuana on August 29, 2013) and on August 29, 2013, the crime of giving and receiving marijuana shall not be collected separately, since it is a crime using marijuana purchased on August 29, 2013).

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 45 years; and

2. Application of the sentencing criteria [types].