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(영문) 서울중앙지방법원 2014.6.26. 선고 2014고합452 판결

마약류관리에관한법률위반(향정)

Cases

2014Gohap452 Violation of the Act on the Control of Narcotics, etc. (franking)

Defendant

1. A;

2. B

3. C.

4. D;

5. E.

6. F;

7. G.

8. H;

9. I

10. J.

Prosecutor

The highest personal injury, the second and second trials;

Helpers

Law Firm K (Defendant A and B)

Attorney L, M, N

Attorney (For the purposes of Defendant C, D, E, F, G, H, I, and J)

Imposition of Judgment

June 26, 2014

Text

Defendant A and B shall be punished by imprisonment with prison labor for one year, for one year, and six months, for each of the defendants C, D, E, F, and G, for each of the defendants H, I, and J, for ten months.

However, the execution of each of the above sentence shall be suspended for three years from the date this judgment became final and conclusive for Defendant A; for four years for Defendant C, D, E, F, G, H, I, and J, for two years for Defendant B.

To order the Defendants to be put on probation.

The order of each community service for 120 hours to Defendant A, for Defendant C, D, E, F, G, H, I, and J, for 160 hours, for Defendant B, for each of 80 hours.

Two points (Evidence No. 7) and three points (Evidence No. 8) from Defendant A, and one point (Evidence No. 16) from Defendant E, as soon as possible from Defendant C, and one point (Evidence No. 19) from Defendant C, respectively, shall be confiscated from Defendant G as soon as possible.

50,000 won from Defendant A, 198,750 won from Defendant C, 506,250 won from Defendant C, 212,50 won from Defendant D, and 756,250 won from Defendant E, and 106,250 won from Defendant F, 337,50 won from Defendant G, 86,250 won from Defendant H, and 106,250 won from Defendant I, and 10,000 won from Defendant J, respectively.

Reasons

Criminal facts

Despite the fact that the Defendants were not the narcotics handler, the Defendants treated MDMA (the name X-si, hereinafter referred to as the “X-si”) as psychotropic drugs, and the PMA, which is the Kenya and temporary psychotropic drugs (a) as follows:

1. Defendant A

(a) Purchase of X-gu and Kenya;

Defendant A, around 02:00 on January 4, 2014, at the upper street of Q clubs located in Yongsan-gu Seoul Metropolitan Government P, received 38 hours in X-si and Kenya 35 days in the name-free shop from his name-free shop, and purchased 3.6 million won in the name of his purchase.

(b) Possession of X-gu and Kenya;

Defendant A, around March 23, 2014, at his own house located in Jongno-gu Seoul Metropolitan Government R apartment 101 Dong 101 Dong 101, Defendant A kept 35 X-si 35 and Kenya 30 clubs as stated in paragraph 1-A, and possessed them in the living room.

(c) X-gu and Kenya medication;

1) X-type medication around 2, 2014.2, 28.2

around 00:30 on February 28, 2014, Defendant A administered Q clubs located in Yongsan-gu Seoul Metropolitan Government P, with the material of the X-gu 1.

2) Kenya medication around February 28, 2014

around 01:00 on February 28, 2014, Defendant A administered Q clubs located in Yongsan-gu Seoul Metropolitan Government P, 1-A, and 1-A, dump, dump, dump, dump, cump, and dump.

3) X-type medication around March 23, 2014

At around 01:40 on March 23, 2014, Defendant A administered the 1stm of the X-gu purchased as set forth in Section 1-A, at his own house located in Jongno-gu Seoul Metropolitan Government R apartment 101 Dong 101 Dong 101, Defendant A administered it with water.

on March 23, 2014

At around 06:00 on March 23, 2014, Defendant A administered meconium among the Kenyas purchased, such as Section 1-A, at his own house of Jongno-gu Seoul Metropolitan Government R apartment 101 Dong 101 Dong 101.

(d) X-how provision;

1) On March 23, 2014, provision of X-how around 01:00

At around 01:00 on March 23, 2014, Defendant A provided one of the X-mail at his own house located in Jongno-gu Seoul Metropolitan Government R apartment 101 Dong 101, and 101, Defendant E and Defendant J free of charge.

2) On March 23, 2014, provision of X-mail around 02:00

around 02:00 on March 23, 2014, Defendant A provided the P club located in Yongsan-gu Seoul Metropolitan Government with one set of the X-gu 1 free of charge.

2. Defendant B

(a) Receipt of X-si and Kenya;

around 22:00 on March 8, 2014, Defendant B received a large amount of X-mail and Kenya free of charge from “T” and received it at his own house located in Jongno-gu Seoul, Jongno-gu, Seoul, 105 dong 1503.

(b) X-gu and Kenya medication;

1) X-type medication on March 10, 2014

At around 21:00 on March 10, 2014, Defendant B administered it with water at his own house located in Jongno-gu Seoul Jongno apartment 105 dong 1503, and with water at the X-gu 1, which was delivered as set forth in Section 2(a).

2) Kenya medication on March 10, 2014

around 23:00 on March 10, 2014, Defendant B administered the diversity among the Kenyas delivered under Section B(A) at his own house located in Jongno-gu Seoul, Jongno-gu, 105 Dong 1503, and the hives of the hivers, as in Section B(A).

3) Kenya medication on March 12, 2014

At around 24:00 on March 12, 2014, Defendant B administered the ster toilets located in Yongsan-gu Seoul Metropolitan Government, and the breath of the booms, which were delivered as set forth in Article 2(a).

4) X-type medication on March 16, 2014

At around 02:00 on March 16, 2014, Defendant B administered it with water at the street in front of a convenience store near U hotel located in Yongsan-gu Seoul Metropolitan Government P, and at the same time, the X-si 1/2 of the X-si delivered as set forth in Article 2(a).

5) Kenya medication on March 16, 2014

At around 09:00 on March 16, 2014, Defendant B injected the non-explosion among the Kenyas delivered under Section 2-A at the house of Defendant A in Jongno-gu Seoul, Jongno-gu, 101 Dong 101 Dong 101, and administered them.

3. Defendant C.

(a) Receipt of X-si and Kenya;

On February 22, 2014, Defendant C received 4 X-si and Kenya-si from “W” and received them free of charge at the V main points in Yongsan-gu Seoul, Yongsan-gu, Seoul.

(b) X-gu and Kenya medication;

1) X-Ter medication on May 2013, 2016

On May 2013, Defendant C administered 1 X-gu Macius on the water at the house of “W,” which is located in Habman Twit-gu.

2) X-type medication on March 3, 2014, 23.

At around 04:00 on March 23, 2014, Defendant C administered them by using them together with water at a public toilet near the Green Geongwon-dong, Yongsan-gu, Seoul Metropolitan Government.

3) Kenya medication on March 23, 2014

around 04:00 on March 3, 2014, 23:00, Defendant C inhaled a large amount of brush C in a public toilet near the Yawon-dong, Yongsan-gu Seoul Metropolitan Government.

(c) PMMA possession;

around March 23, 2014, Defendant C stored and possessed the RMA 3 (PMA 3) in the house of Defendant A, which is located in Jongno-gu Seoul, Jongno-gu, Seoul, 101 Dong 101 Dong 101.

4. Defendant D

(a) Receipt of X-si and Kenya;

On March 16, 2014, Defendant D received from “Y” the 2-day X club toilets in Yongsan-gu Seoul Metropolitan Government, from “Y” and received them without compensation.

(b) X-gu and Kenya medication;

1) X-type medication on March 16, 2014

around 02:30 on March 16, 2014, Defendant D administered X clubs in Yongsan-gu Seoul, Yongsan-gu, Seoul, and 2 X posters.

2) Kenya medication on March 16, 2014

On March 16, 2014, around 03:00, the Defendant injected X clubs located in Yongsan-gu Seoul Metropolitan Government P, and inhales the flusty of the flusty to co-in and administered them.

3) Kenya medication on March 23, 2014

On March 23, 2014, at around 08:40, the Defendant inhaled the influorites who were placed on the floor of the living room at the house of the Defendant A, who was located in Jongno-gu Seoul R apartment 101 Dong 101, and administered them.

5. Defendant E.

(a) Purchase of X-gu and Kenya;

Defendant E, around December 29, 2013, around 01:30, in the street in the vicinity of the Lee Tae-won Fire Station located in Yongsan-gu, Yongsan-gu, Seoul, Taewon District, he received 5 xter City and 3 xter of the 200,000 won from the person who was not the name, and issued 40,000 won as the purchase price to that person.

(b) Possession of X-gu and Kenya;

Defendant E, around March 23, 2014, at the house of Defendant A located in Jongno-gu Seoul Jongno apartment No. 101 Dong 101, Dong 101, and the X-si 1 and Kenya 2 were stored in his own bank and carried them.

(c) X-type reception;

On March 23, 2014, at the house of Defendant A located in Jongno-gu Seoul Jongno apartment 101 Dong 101 Dong 101, Defendant E received it without compensation from Defendant A, and received it.

(d) X-type and Kenya medication;

1) X-type medication on December 29, 2013

around 02:00 on December 29, 2013, Defendant E administered the PZ club in Yongsan-gu Seoul Metropolitan Government, and the X-gu 1/2 on the water.

2) Kenya medication on December 29, 2013

around 03:00 on December 29, 2013, Defendant E administered the 2 clubs located in Yongsan-gu Seoul Metropolitan Government P, and inhaled the flusium in cocon.

3) X-type medication on March 23, 2014

At around March 23, 2014, 01:0, Defendant E administered it with water at around 1/3 of the X-si 1/3 of the X-si 101-dong 101 at Defendant A’s house toilets in Jongno-gu Seoul, Jongno-gu, Seoul.

on March 23, 2014

At around 07:00 on March 23, 2014, Defendant E inhaled, at the house of Defendant A in Jongno-gu Seoul Jongno apartment No. 101 Dong 101, Defendant E, at the time of contact with Defendant A, the brusium among the brus that had been laid on the floor of the living room and injected them into cocons.

6. Defendant F

(a) The purchase of X-type posters;

Defendant F, around March 22, 2014, around 23:30, in the street near the Leewon Fire Station located in Taewon-dong, Yongsan-gu, Seoul, Taewon District, he received 1 X-si from a person in an unsound name and purchased 50,000 won for the purchase price.

(b) X-type medication;

around March 22, 2014, Defendant F administered X clubs in Yongsan-gu, Seoul, with water, at the top time of the X club, and at the first time of the X posters purchased as set forth in paragraph 6-A., Defendant F administered them.

(c) Medication;

Defendant F, around 07:00 on March 3, 2014, 23: (a) around 07:0, at the house of Defendant A in Jongno-gu Seoul Jongno apartment No. 101 Dong 101, Defendant F administered the brusium among the brus that had been laid on the living room’s floor in contact with Defendant A, and brusing them into cocon.

7. Defendant G

(a) Possession of Kenya;

Defendant G around March 23, 2014, around 101, at the house of Defendant A, Jongno-gu Seoul Jongno apartment No. 101 Dong 101, and approximately 0.44 g of Kenya in the Defendant’s house, and carried it in the Defendant’s house.

(b) X-gu and Kenya medication;

1) X-type medication around April 2013.

around April 2013, Defendant G administered the same in a mutual influoral club located in Thailand, with water, at the X-gu 1 pista.

2) Kenya medication around April 2013

On April 2013, Defendant G administered a non-fluorous club in Thailand. Defendant G inhaled a non-fluorous brusium into cocons.

3) X-Ter medication in January 2014.

On January 2014, Defendant G administered a X club located in Yongsan-gu Seoul, Yongsan-gu, Seoul, with the water of 1 X-si.

4) X-type medication on March 23, 2014

At around 01:00 on March 23, 2014, Defendant G administered the EXT at Defendant A’s house located in Jongno-gu Seoul, Jongno-gu, 101 Dong 101, and 101, using it as water.

on March 23, 2014

Defendant G, around 07:00 on March 23, 2014, at the house of Defendant A, Jongno-gu Seoul Jongno apartment 101 Dong 101 Dong 101, Defendant G, Defendant A, at the time of contact, inhaled the ster of brus among the bruds laid on the floor of the living room and administered it in coconc.

8. Defendant H

(a) X-how medication on March 2014;

On March 2014, Defendant H administered the EXP by taking the EXP in an influorous manner at the influorial site in Seoul.

(b) Kenya medication on March 23, 2014;

At around 06:00 on March 23, 2014, Defendant H administered the fluoral volume among the Kenyas attached to the living room floor in Jongno-gu Seoul R Apartment 101 Dong 101 and Defendant A’s contact with each other, in which Defendant H inhaled it into cocons.

9. Defendant I

(a) X-type reception;

around 02:00 on March 23, 2014, Defendant I received from Defendant A one set of the X-gu P clubs located in Yongsan-gu Seoul Metropolitan Government P, and received it without compensation.

(b) X-type medication;

At around 02:30 on March 23, 2014, Defendant I administered a P club in Yongsan-gu Seoul, Yongsan-gu, Seoul, with water, at the first time the X-si, which received as described in Article 9-A (A).

(c) Medication;

At around 07:00 on March 23, 2014, Defendant I administered the Z apartment at the house of Defendant A, Jongno-gu Seoul Jongno apartment No. 101 Dong 101, Defendant A, and the brusium among the brusc residents laid on the floor of the living room in contact with Defendant A, and bruscing them into cocons.

10. Acceptance by Defendant J. X-how

At around 01:00 on March 23, 2014, Defendant J received the X-si 1 free of charge from Defendant A, at the house of Defendant A, Jongno-gu Seoul R apartment 101 Dong 101 Dong 101, and received it.

(b) X-type medication;

At around 01:00 on March 23, 2014, Defendant J administered 1/2 of the X-si, Jongno-gu Seoul R Apartment 101 Dong 101, Defendant A’s home toilets, and 1/2 of the X-si, delivered as set forth in Article 10(a).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of seizure of each police;

1. 각 압수물 사진, 아큐샤인 소변검사 및 확인서, 각 감정의뢰 회보

1. A criminal investigation report (a preliminary report on the results of testing narcotics, etc.), a criminal investigation report (attaching a public notice on designation of a temporary narcotics), and a criminal investigation report (calculated additionally);

Application of Statutes

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

The remaining Defendants except Defendant C: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (Optional to Imprisonment)

Defendant C: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (Article 60(1)5, 3 subparag. 5, and 5-2(5) and 2 subparag. 3(a) (Article 2 subparag. 3(b) of the Narcotics Control Act) of the Act on the Control of Narcotics, Etc., and Articles 59(1)5, 3 subparag. 5, and 5-2(5) and 2 subparag. 3(a) of the Narcotics Control Act

1. Aggravation for concurrent crimes;

Defendants: From among concurrent crimes prescribed by the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act with respect to the crimes of violation of the Act on the Control of Narcotics, Etc. under the Purchase of X-type and Kenya, Defendant B shall be deemed concurrent crimes with respect to the crimes of violation of the Act on the Control of Narcotics, etc. under the Kenya medication, which are prescribed by the Act on March 16, 2014, with respect to the heavier punishment against Defendant C, from among concurrent crimes with respect to the crimes of violation of the Act on the Control of Narcotics, etc. under the Narcotic Drugs, which are prescribed by the Act on the Control of Narcotics, etc. under the Using Narcotics, etc., for which the most serious punishment against Defendant C is to be concurrent crimes of violation of the Act on the Control of Narcotics, etc., the most serious punishment against Defendant C and concurrent crimes of violation of the Act on the Management of Narcotics, etc. under the Kenya medication, among concurrent crimes prescribed by the Act on the Management of Narcotics, etc.

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act (General Considerations for the Reasons for Sentencing as follows)

1. Probation and community service order;

Defendants: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant A, Defendant E, Defendant C, and Defendant G: The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

Defendants: proviso of Article 67 of the Narcotics Control Act

- Defendant A: the remaining 300,000 won (i.e., 100,000 won/1 x 3) excluding the 30 salary bars confiscated and discarded from among the 35 franking land purchased at the X-si 38 x 3) + the purchase price of the remaining 5 franking land except the 30 franking land that was seized and discarded from among the 35 franking land purchased at the Kenyah 35 x 250,000 won (= 50,000 won/ 1 f5 x f5) = 550,00 won

- Defendant B: 1 100,000 won per X-si administered on March 10, 2014 + 18,750 won for Kenya’s value (6,250 won/1 time X3) administered on three occasions + 80,00 won for each X-si administered on March 16, 2014 = 198,750 won for each X-si administered on March 16, 2014

Defendant C: 20,000 won for an X-si administered (i.e., 100,000 won x 2) + 6,250 won for a single-minute of Kenya administered + 300,000 won for the remaining 3 years, excluding one (i.e., 4 hours for an X-si) administered, excluding one (i.e., 100,000 won x 3) = 506,250 won

- Defendant D: 20,00 won for 20,000 won for her administered X-si (i.e., 100,000 won/1 x 2 x ) + 12,500 won for 2 minutes for her administered her (i.e. 6,250 won/1 x 2 times) = 212,50 won for her administered her.

- Defendant E: 50,00 won for the value of 5 hours X-si 5 hours purchased (i.e., 100,000 won/1 x 5 hours) + 150,000 won for the value of 3 salary grades of Kenya that have been purchased (i.e., 50,000 won/1 salary grade x 3) + 100,000 won for the value of 10,000 won for the 23 March 2014 + 6,250 won for the 256,250 won for the 250 won for the 256,050 won for the 250 won

- Defendant F: 10,00 won per X-si price of 100,000 won + 6,250 won per minute for Kenya administered and administered, after purchasing and administered. 106,250 won = 106,250 won

- Defendant G: approximately 25,00 won for about 4 minutes in possession of Kenya (i.e., 6,250 won/1 x 4 times) + 300,000 won for 3 hours in the X-out administered (i.e., 100,000 won/1 x x 3) + 12,500 won for 2 minutes in the Kenya (= 6,250 won/1 x 2 times) administered. 337,500 won for 337,50 won for 2 minutes in the Kenya.

- Defendant H: 80,00 won per time of a medication + 6,250 won per time of a medication x 86,250 won = 86,250 won

- Defendant I: 100,00 won for a first-time Xer administered in exchange for a medication + 6,250 won for a first-time price for Kenya administered in exchange for a medication = 106,250 won

- Defendant J: 1 X-si value of 100,000 won received

Reasons for sentencing

1. The scope of punishment;

A. The remaining Defendants except Defendant C: Imprisonment with prison labor for not more than 15 years

(b) Defendant C: Imprisonment with prison labor for not less than one year nor more than 45 years;

2. Scope of recommendations;

A. Defendant A

1) Points for the purchase of X-gu and Kenya

[Scope of Recommendation] Basic Area (one year to two years) of Type 2 (marijus, flags, item (b) and (c), etc.) of Trade Mediation, etc.

【Special Convicted Person】

(ii) the possession, medication, and provision of each X-si and Kenya;

[Scope of Recommendation] Medication, Simple Possession, etc., the basic area of Type 3 (Rayb items (b) and (c) (10 to 2 years)

【Special Convicted Person】

3) The scope of final sentencing due to the aggravation of multiple offenses

The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime 3: 1 year to 3 years, Defendant B

1) The receipt and administration of each X-si and Kenya;

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of Type 3 (Resting item (b) and (c) (10 to 2 years)

【Special Convicted Person】

2) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime : October to August 3

C. Defendant C.

1) The point of possession of the MF

[Scope of Recommendation] Simple possession, etc. of medication, the basic area (one year to three years) of No. 4 (narcotics, flagy, etc.)

【Special Convicted Person】

(ii) the receipt and administration of each X-si and Kenya;

[Scope of Recommendation] Medication, simple possession, etc., the basic area of Category Three (Rappy (b) and (c)) (2 October).

【Special Convicted Person】

3) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + the result of 1/3 of the upper limit of crime : one year to four years.

D. Defendant D

1) The receipt and administration of each X-si and Kenya;

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of Type 3 (Resting item (b) and (c) (10 to 2 years)

【Special Convicted Person】

2) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime : October to August 3

E. Defendant E

1) Points for the purchase of X-gu and Kenya

[Scope of Recommendation] Basic Area (one year to two years) for Type 2 (mariju, flag (b) and (c).)

【Special Convicted Person】

(ii) the possession, receipt, and administration of each X-si and Kenya;

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of Type 3 (flag, b. & c.) (10 months to 2 years)

【Special Convicted Person】

3) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime : 1 year to 3 years:

F. Defendant F

1) The point of the purchase of the X-mail

[Scope of Recommendation] Basic Area (one year to two years) for Type 2 (mariju, flag (b) and (c).)

【Special Convicted Person】

2) The point of each X-si and Kenya medication.

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of No. 3 (f) (f) and (c) (10th to 2 years).

【Special Convicted Person】

3) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime : 1 year to 3 years:

G. Defendant G

(i)the possession, administration, and administration of each X-si and Kenya;

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of Type 3 (Resting item (b) and (c) (10 to 2 years)

【Special Convicted Person】

2) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime : October to August 3

H. Defendant H

1) The point of each X-si and Kenya medication

[Scope of Recommendation] Medication, simple possession, etc.

【Special Convicted Person】

2) The scope of final sentencing due to the aggravation of multiple offenses

Type 1 + 1/2 : October to 3 years

I. Defendant I

1) The receipt and administration of each X-si and Kenya;

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of No. 3 (f) (f) and (c) (10th to 2 years).

【Special Convicted Person】

2) The scope of final sentencing due to the aggravation of multiple offenses

1. The upper limit of crime + 1/2 of the upper limit of crime + 1/3 of the upper limit of crime : October to August 3

(j) Defendant J

1) The receipt and administration of each X-ray

[Scope of Recommendation] Simple possession, etc. of medication, the basic area of Type 3 (favourb items (b) and (c)) (10 to 2 years).

【Special Convicted Person】

2) The scope of final sentencing due to the aggravation of multiple offenses

Type 1 + 1/2 : October to 3 years.

3. Determination of sentence;

(a) Defendant A: Imprisonment with prison labor for a year and six months, and three years of suspended execution;

(b) Defendant B: Imprisonment with prison labor for a year and six months, and four years of suspended execution;

(c) Defendant C, D, E, F, and G: Imprisonment with prison labor for one year and two years of suspended sentence;

D. Defendant H, I, and J: 10 months of imprisonment with prison labor, and 2 years of suspended sentence are likely to have a serious adverse impact on the human body as well as on society as a whole due to harmful effects on the human body and their toxicity. Furthermore, it is necessary to eradicate these crimes. Furthermore, Defendant A has already been punished twice as a same crime, and Defendant B has already been punished two times as a previous drug crime, and it is inevitable to punish each of them again because the two years of suspended sentence was sentenced to imprisonment with prison labor for 2 years and 4 years of suspended sentence for the previous drug crime, and the two years of suspended sentence for 2 years and 4 years of suspended sentence for 2 years and 4 years of suspended sentence for 2 years and later.

The facts that all the Defendants confession to commit the instant crimes and repent their errors are relatively small, and that the amount of the narcotics administered or received by the Defendants is relatively small, and that the remaining Defendants except the Defendant B have no criminal history including the previous and minor fines, or only have minor criminal records of a fine, are favorable to the Defendants.

In addition, the defendants' age, character and conduct, family relation, motive of crime, circumstances after crime, etc. as shown in the argument of the case of this case shall be comprehensively considered and the sentence shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

Judges

Equal judges of the presiding judge;

Judges Lee Jae-sik

Judges Ooman

Note tin

1) The written indictment contains the time when Defendant E gives and receives X-mail from Defendant A as of March 22, 2014, but it appears obvious that it is a clerical error at around 01:00 on March 23, 2014, and thus it is corrected.