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A defendant shall be punished by imprisonment for not less than one year 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.
Reasons
Punishment of the crime
To the extent that it does not infringe on the defendant's defense right, the phrases of the facts charged were revised.
Defendant is not a narcotics handler.
1. Around March 19, 2017, the Defendant traded marijuana, upon receipt of payment of KRW 300,000,000 in cash, by the Defendant, in the Seongbuk-gu Seoul apartment house and the D’s residence located in 304 Dong 306.3.20.
2. On July 15, 2018, the Defendant smoked marijuana once in the manner of smoking in the vicinity of the Defendant’s residence located in the city F at the Government-Si around 20:00, by attaching a cigarette paper with a cigarette smoking in the vicinity of the Defendant’s residence.
3. On July 17, 2018, the Defendant kept in custody of marijuana: (a) around 14:25, the said Defendant stored approximately 0.35g of marijuana in the cooling house and stored it in the cooling house.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to D;
1. Aurine inspectors, inspectors, and confirmation letters (training marijuana), and an appraisal report on narcotics (Aurine - marijuana training);
1. Protocols of seizure (marijus), photographs of seized articles, and appraisal reports on narcotics (meaning the cultivation of green plants 0.35 grams);
1. Application of Acts and subordinate statutes governing monthly trends in narcotics;
1. Article 59 (1) 7, Article 3 subparagraph 7 (the point of trade of marijuana), Article 61 (1) 4 (a), Article 3 subparagraph 10 (the point of trade of marijuana and the choice of imprisonment), Article 61 (1) 6, and Article 4 (1) 2 (the point of trade of marijuana storage and the choice of imprisonment) of the Act on the Selection of Narcotics, Etc. concerning the facts constituting an offense;
1. The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [to the extent that the punishment is aggravated by concurrent crimes with the punishment provided for in the Act on the Control of Narcotics, etc. concerning the Trading of the largest hemp, but to the extent that the punishment is added up for the long term of each crime];
1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the basis for calculation of a surcharge: 300,000 won for the sales of marijuana; and