(b) Violation of the Narcotics Control Act;

2.(a) B

However, for two years from the date of the conclusion of the judgment, the execution of each of the above punishment against the Defendants is suspended.

To order the defendants to be put on probation and to take a course of pharmacologic treatment for 40 hours each.

70,000 won from Defendant A, and 463,00 won from Defendant B shall be additionally collected.

The amount equivalent to each additional collection charge shall be ordered to be paid to the Defendants respectively.

【Criminal Power】

On February 16, 2017, Defendant A was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act at the Seoul Western District Court on July 7, 2017, and the said judgment became final and conclusive on February 24, 2017.

【Criminal Facts】

Even if the Defendants were not the authorized person handling narcotics, they dealt with MDMA (the so-called X-mail; hereinafter referred to as the “EXP”) and marijuana as follows.

1. Defendant A

(a) Trade in marijuana;

1) On September 6, 2016, the Defendant transferred KRW 150,00 from the bank account under the name of the Defendant to the new bank account under the name of E, and purchased it after receiving 150,000 won from E on September 8, 2016 through 02:30 on September 9, 2016, the 2-3th day after the transfer.

2) On October 15, 2016, around 04:13, the Defendant transferred KRW 550,00 to E in the same manner as the foregoing subparagraph 1-A(1) and purchased approximately 2g of marijuana, which is contained in vinyl packaging, from E, on October 18, 2016, at the front of the residence of Gangnam-gu Seoul, and around 14:30 on October 18, 2016.

(b) Smoking marijuana;

1) The Defendant, as described in paragraph 1-A (1) above, affixed the seal on September 8, 2016, on which the Defendant purchased marijuana.

9. At around 11:30, the Defendant’s residence in Gangnam-gu apartment B 501, Gangnam-gu, Seoul, smoked marijuana over two occasions in a way that the Plaintiff satisfys the smoke with a large amount of marijuana and added it to a rater;

2) At around 00:30 on January 10, 2016, the Defendant smoked with infinite marijuana over twice in the same manner as described in paragraph 1-b. 1) at the Defendant’s dwelling place as described in paragraph 1-b. 1 of the above Article, at the Defendant’s dwelling place.

2. Defendant B

(a) Trade in, and receipt and delivery of marijuana;

1) Around 02:00 on August 30, 2016, the Defendant received approximately one marijuana amounting to smoking amount from E in front of the “G” set forth in the above paragraph 1-A(1) at the “G” parking lot, and received it.

2) On August 30, 2016, the Defendant transferred KRW 300,000 from the bank account in the name of the Defendant to the new bank account in the name of E from the bank account in the name of the Defendant, and purchased approximately 2g of marijuana, which is contained in vinyl packaging, at the front of the aforementioned “G” parking lot around 01:00 on September 10, 2016.

(b) Smoking marijuana;

1) At around August 30, 2016, around 03:00, the Defendant smoked in the way that he gets off a tobacco that was cut from the Defendant’s residence in Gangnam-gu Seoul J and 606, Seoul, which was the Defendant’s residence, with a large amount of marijuana and added it to a rater, thereby drinking it.

2) Around 03:00 on September 10, 2016, the Defendant smoked an influent marijuana in the same manner as described in Article 2-b. 1(b) of the above Act at the Defendant’s dwelling place as described in Article 2-2(b)(1).

(c) X-type sales;

On October 29, 2016, around 04:55, the Defendant transferred KRW 1.60,000 from the bank account in the name of the Defendant to the new bank account in the name of E, and purchased it from E in front of the “G” set forth in the foregoing paragraph 1-A (1) at around 05:00 on October 29, 2016.

(d) X-type medication;

around October 30, 2016, around 01:00, the Defendant entered “L” clubs located in K in Gangnam-gu Seoul Metropolitan Government into one half of the X-si, and saw it as well as water.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. E prosecutorial statement;

1. Investigation report (Attachment to the contents of Kakao dialogue between E and suspects, other than the case, and calculation of additional collection charges);

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and investigation reports (Attachment to judgment A by a suspect);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

○ Defendant A

Articles 59(1)7 and 3 subparag. 9 (a) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply), Articles 61(1)4(a) and 3 subparag. 10(a) of the Act on the Control of Narcotics, Etc. (the occupation of marijuana and the choice of imprisonment)

○ Defendant B

Articles 61(1)6 and 4(1)2 of the Narcotics Control Act (the giving and receiving of marijuana, the choice of imprisonment), Articles 59(1)7 and 3 subparag. 9 of the former Act on the Control of Narcotics, Etc. (the trade of marijuana), Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (the point of smoking marijuana and the point of imprisonment), Articles 61(1)2 and 4(1)1 and 2 subparag. 3(b) of the same Act on the Control of Narcotics, etc. (the point of smoking marijuana and the choice of imprisonment)

1. Handling concurrent crimes;

Defendant A: The latter part of Articles 37 and 39(1) of the Criminal Act (the former part of Article 39(1) of the Criminal Act (the former part of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.)

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Defendants: each of the Defendants is Article 62(1) of the Criminal Code (The following is considered for repeated circumstances in favor of the reasons for sentencing)

1. Orders for probation and education;

Defendants: Article 62-2(1) of the Criminal Act

1. Additional collection:

Defendants: The proviso of Article 67 of the Narcotics Control Act

【Calculation of Additional Charges】

○ Defendant A: a total of 700,000 won 3) Purchase of marijuana (150,000 won + 550,000 won)

○ Defendant B: a sum of KRW 460,000 4)

- Cannabis: 3,000 won 5)

- Purchase of marijuana: 300,000 won X-si: 160,000 won

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A6)

(a) The scope of punishment: Imprisonment with prison labor for up to six months - June 22 months;

(b) Determination of sentence: Imprisonment with prison labor for ten months and two years of a stay of execution; and

Each of the instant crimes committed by the Defendant purchased and smoked marijuana more than 3g in total on two occasions. In light of the fact that the instant crime was committed not only by having the body and mind of an individual but also by having the public health harmed, the Defendant’s error is large. In 2007, the Defendant again committed the instant crime even though he had the record of the same kind of punishment, which was sentenced to a suspended sentence of 2 years on the grounds of the violation of the Act on the Control of Narcotics, Etc., in 207

However, considering the circumstances favorable to the defendant, such as the fact that the defendant both recognized the crime of this case and did not repeat the crime, that it seems that the defendant merely purchased marijuana for the purpose of smoking, and that the defendant has been relatively long long, and that the defendant has not committed the same kind of crime, the first head of the crime of this case and the first head of the judgment can be sentenced to a single punishment in the concurrent crime relationship under the latter part of Article 37 of the Criminal Act, and such circumstances are also considered in determining the punishment. In addition, the defendant's age, character and conduct, family relation, motive and circumstance of each crime of this case, and the circumstances after the crime, etc., as set forth in Article 51 of the Criminal Act, shall be comprehensively considered.

2. Defendant B

(a) The scope of punishment: Imprisonment with prison labor for up to six months - June 22 months;

(b) Scope of recommendations based on the sentencing criteria;

1) Basic crime - Violation of the Act on the Control of Narcotics, etc. (flavoring) by X-type medication.

[Determination of Types 3 [Determination of Types ] Medication, simple possession, etc. of Narcotics Crimes

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment with prison labor for 10 months - Two years

2) concurrent crimes 1 - Violation of the Act on the Control of Narcotics, etc. (mariana) by the sale of marijuana

[Determination of Types 2] Types 2, such as assistance in the trade of narcotics crimes, etc. (mariju, items (b) and (c) of this Article

[Special Convicts] Purchasing or receiving for medication, simple possession, etc. (requirements for mitigation)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months, - January and 6 months;

3) Concurrent Crimes 2 - The crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the sale of X-mail

[Determination of Types 2] Types 2, such as assistance in the trade of narcotics crimes, etc. (mariju, items (b) and (c) of this Article

[Special Convicts] Purchasing or receiving for medication, simple possession, etc. (requirements for mitigation)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months, - January and 6 months;

4) Criteria for handling multiple crimes: 10 months of imprisonment - 3 years and 3 months (two years of imprisonment with prison labor which is the upper limit of the scope of punishment for basic crimes plus 1/3 months of imprisonment with prison labor which is 1/2 of the upper limit of the scope of punishment for one concurrent crime and 2 concurrent crimes);

(c) Determination of sentence: Imprisonment with prison labor for not less than ten months and two years of a stay of execution;

After receiving and smoking marijuana in a quantity of smoking once, the Defendant purchased and smoked marijuana 2g, and purchased an X-gu 1, and administered a half of them. The Defendant’s fault is large in light of the fact that the offense related to narcotics not only causes the body and mind of an individual but also causes harm to the national health.

However, the circumstances favorable to the defendant, such as the defendant's age, character and conduct, family relationship, motive and circumstance of each of the crimes in this case, and circumstances after the crime, are considered as favorable to the defendant, and the punishment is determined as ordered, comprehensively taking into account various sentencing factors under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relation, motive and circumstance of each of the crimes in this case, and circumstances after the crime.

Judge Jin-hun

Judges Park Jong-chul

2) To the extent that it does not disadvantage the Defendant’s exercise of the right of defense, part of the facts charged was corrected according to facts obtained through the examination of evidence without the amendment of indictment (investigative Records 377-378 pages).

3) Each marijuana smoking crime listed in Paragraph 1-B(b) of the holding is a smoking of the marijuana purchased as described in Paragraph 1-A(a) of the holding, and its value is not collected separately.

4) The crime of smoking each marijuana as described in Paragraph 2-B(b) of the holding is a smoking of marijuana received and purchased as described in Paragraph 2-A(a) of the holding, and the crime of smoking X-type as described in Paragraph 2-D(d) of the holding is a medication of X-type drugs purchased as described in Paragraph 2-C(c) of the holding, so the value of each of the above crimes shall not be collected additionally.

5) It shall be calculated on the basis of 3,00 won at the market price of smoking once marijuana in accordance with the monthly trend of narcotics, etc., published at the time near the sentencing date of this judgment (the investigative record 434 pages) in accordance with the "No. 2017."

6) Since the latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes, the sentencing criteria do not apply.