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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
Defendant is not a narcotics handler.
1. On April 2015, the Defendant smoked marijuana in the middle of the Korean War on April 2015, at the residence of the Defendant, who was in the middle of the Korean War on April 2015, the Defendant smoked marijuana only once in the way of smoking, such as C and D, by attaching the flater to the marijuana tobacco made by inserting the flaz in tobacco paper.
2. On July 23, 2017, the Defendant received marijuana: (a) received the hemp plant’s in front of the F elementary school located in Dong-si, Ma on July 19:30, 2017; (b) received the hemp plant’s franchis from C.
3. On July 24, 2017, the Defendant smoking marijuana: (a) around July 24, 2017, around 19:00, around the said Defendant’s residence, smoked marijuana in a way of smoking by attaching the hemp’s influor to the marijuana tobacco manufactured by inserting the fluor in the paper of tobacco.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of each police in relation to C or D;
1. Seizure records;
1. Application of each request for appraisal-related Acts and subordinate statutes;
1. Article 61 (1) 4, Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Act on the Control of Narcotics, Etc., Article 61 (1) 6, and Article 4 (1) 2 (the point of smoking marijuana) of the Act on the Control of Narcotics, etc., and choice of imprisonment, respectively, for the 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 62-2 of the Criminal Act on the observation of protection;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection = 9,000 won = 3,000 won; and
One-time smoking volume) ¡¿ three times (two times of smoking, and one time of receipt)
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. Application of the sentencing criteria;
(a) Each smoking [decisions of types] Smoking, medication, simple possession, etc. (the scope of recommended punishment) / 8 months to 1 year and 6 months (the basic area);
(b)receiving (a type of determination), narcotic crimes, trade, assistance, etc.;