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

The defendant is a non-military employee (Grade IV) who works in Pyeongtaek B, and is subject to SOFA.

1. On November 5, 2018, at around 21:00, the Defendant smoked marijuana by linking the marijuana mileage containing marijuana, which is a narcotics, to an electronic pipe, in front of the Defendant’s residence, at Pyeongtaek-si C building D, and by drinking the steam.

2. On January 20, 2019, the Defendant, at around 17:00, concealed three marijuana mileages containing narcotics, etc. in the military items of the United States of America, which arrive at the Incheon International Airport, and imported them through the Incheon International Airport.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Report on the commencement of the investigation upon a request for mutual assistance and investigation (written response to the results of the analysis);

1. Investigation report (to attach cellular phone sirens to suspect cell phones results, and one CD);

1. Application of the Acts and subordinate statutes notifying the results of legal evaluation;

1. Article 61 (1) 4 (a), Article 3 subparagraph 10 (the occupation of smoking marijuana and the choice of imprisonment), Article 58 (1) 5, and Article 3 subparagraph 7 (the occupation of importing marijuana and the choice of limited imprisonment) of the Act on the Control of Narcotics, Etc. concerning facts constituting an offense;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes (within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. (mathal) and the crimes of violation of the said two crimes due to the import of heavy marijuana);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (3,00 won for each marijuana);

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

1. Scope of punishment by law: Imprisonment with prison labor for a period from two years to six years from June 17 months;

2. The scope of recommendations according to the sentencing criteria; and