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

Although the Defendant was not a narcotics handler, the Defendant treated the narcotics as follows:

1. On December 3, 2015, the Defendant, having access to the “D” website via Gogle, purchased narcotics containing “5F-AKB48, 5F-22, 5F-PB-22, and 5F-PB-22 meter’s dead bodies” (hereinafter referred to as “synthetic marijuana”), which is a local mental medicine from the person under whose name the Defendant purchased the narcotics, etc. (hereinafter referred to as “synthetic marijuana”), and then remitted KRW 345,380 from the Agricultural Cooperative located in the Busan East-dong Master, Busan, on December 3, 2015, and purchased and sold the narcotics, etc. after having received 0.65g synthetic marijuana from the person under whose name the Defendant was in the name was in fact.

2. On December 11, 2015, around 17:40, the Defendant used narcotics, etc. in a way of reducing part of the coloned leaves of tobacco in front of the entrances of the F subway Station located in Busan East-gu, Busan-dong, and inserting them into smoking by inserting synthetic marijuana’s dys.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Protocols for police seizure and list of seizure;

1. Each prosecutor's investigation report (the confirmation of the designation of temporary narcotics, etc. corresponding to the local mental medicine and the calculation of additional collection charges) (including the addition);

1. Reports on internal investigation by the police (based on the results of appraisal of green plants);

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 58 (1) 3, subparagraph 5 of Article 3, subparagraph 3 (a) of Article 2, subparagraph 3 of Article 2, Article 59, subparagraph 5 of Article 59, and subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Management of Narcotics, Etc. (the use of synthetic marijuana) concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes with punishment as provided for in the Act on the Control of Narcotics, etc. due to Trade of Synthetic Cannabis with heavy punishment);

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62(1) of the Criminal Act: