A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person may cultivate plants used as raw materials for narcotics, but the Defendant cultivated 2,350 franchisings from the beginning of April 2017 to the beginning of May 12 of the same year, which are used as raw materials for narcotics, in the Defendant’s house garden, etc. located in C in Nam-si, Nam-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. A written appraisal;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 61 (1) 2 and subparagraph 2 of Article 3 of the Act on the elective Management of Narcotics, Etc. concerning facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] medication, simple possession, etc., and the execution of the sentence is suspended by taking account of the following factors: (a) the mitigation area (6 to 10 months) [special mitigation person]’s participation in the crime or the motive for the crime; (b) where there are special circumstances for special consideration in the motive for the crime; (c) although the cultivated quantity was cultivated without proper awareness of the risk, and there was no purpose of distribution; (d) there was an old age of 84 years and without any previous criminal record; and (d) there was no high risk of recidivism.