2. B

However, from the date this judgment became final and conclusive, the execution of the above punishment shall be suspended for three years for Defendant A, and for four years for Defendant B.

To order the Defendants to provide community service every 80 hours.

Defendant B shall order Defendant B to take a 40-hour class of the Narcotics Treatment Manual.

Seized hemp (No. 1) and international postal bags (No. 2) shall be confiscated from Defendant A, respectively.

3,000 won shall be additionally collected from Defendant B.

Defendant B shall be ordered to pay an amount equivalent to the above additional collection charge.

1. The Defendants’ co-principal

On May 2018, the Defendants conspired to purchase marijuana from the person under the name of the Defendants and import it into the Republic of Korea by taking half of the purchase price of marijuana while they display the marijuana-related videos that the named “C” had been put into D.

According to the above public offering, the Defendants connected to the PP settlement system set up at the bottom of the Ddong image which was opened by the winners of the above name, and settled USD 100 in the name of the Defendant for the purchase price for marijuana with the Nong Bank under the name of the Defendant A (Korean US$ 109,670).

After packaging approximately 3.35 g of marijuana in an international mail at a non-commercial area below the U.S., the above person in whose name the addressee was named as 'E', 'E', 'F building G head of Gwanak-gu in Seoul Special Metropolitan City, and dispute over the Republic of Korea', and then sending it to H. On May 14:34, 2018, the above international mail arrives at the Incheon State Provision Port located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, Jung-gu, and the defendants received the above international mail on May 28, 2018.

Accordingly, the Defendants conspired to import approximately 3.35g of marijuana to the Republic of Korea in the United States.

2. Defendant B

On September 24, 2018, the Defendant smoked marijuana in a manner that inhales it by attaching it to the hemp tobacco received from a person under whose name the Defendant came to know at the above club in front of the J clubs located in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Each legal statement of the defendant B (part) and A;

1. An appraisal report on the results of analysis, a report on the results of legal and chemical appraisal (Evidence No. 22) and an appraisal report attached thereto, a report on the request for appraisal and an appraisal report attached thereto;

1. Protocol of seizure (Evidence No. 7);

1. An investigation report (in the course of an investigation of controlled delivery), an investigation report (in the case of attaching a message, etc. on settlement stored in a A's mobile phone), a mobile phone screen photograph, an investigation report (in the case of an investigation result and calculation of a surcharge), and a report on detection;

[Defendant B and his defense counsel asserted to the effect that Defendant B had no criminal intent to smoke in the context of recognizing the fact that Defendant B was a marijuana in the way of smoking. However, even though Defendant B had been aware of the fact that it was marijuana in the course of smoking, it does not interfere with the establishment of the crime of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) by smoking in the course of smoking. Accordingly, Defendant B and the defense counsel’s assertion is rejected.

Application of Statutes

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

A. Defendant A

Article 58(1)5 and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act

B. Defendant B

Article 58(1)5 and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (the point of import of marijuana, the choice of limited imprisonment), Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of the smoking of marijuana and the choice of imprisonment)

1. Aggravation of concurrent crimes (Defendant B);

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [In addition, the aggravation of concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (the scope of the sum of the long-term punishments of each of the above crimes) due to the import of marijuana with

1. Discretionary mitigation;

Each of the Criminal Code, Articles 53 and 55(1)3 of the Criminal Code (see, e.g., the first offender who has no record of crime)

1. Suspension of execution (the defendants);

Each of the grounds for sentencing under Article 62(1) of the Criminal Act

1. Order to attend a lecture or order to provide community service (the accused);

Article 62-2 (1) of the Criminal Act, Article 59 (1) of the Act on Probation, etc.

1. The main sentence of Article 67 of the Act on the Management of Narcotics, Etc. (Defendant A);

1. Additional collection (Defendant B) proviso to Article 67 of the Narcotics Control Act (the amount corresponding to the corresponding amount of marijuana 1g (the quantity of marijuana required for smoking once);

1. Order of provisional payment (Defendant B);

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years; and

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

[Determination of Types] Narcotics Crimes 03. Export, import, manufacture, etc. (Type 2) mariju, malic

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

[Scope of the recommended sentencing revised according to the applicable sentencing range] : 2 years and 6 years from June to 4 years (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, according to the statutory minimum limit of the applicable sentencing range).

C. Determination of sentence: The crime of narcotics, etc. with two years and six months of imprisonment, three years of suspended execution, three years of community service order, 80 hours in the community service order, is not only destroying the physical and mental health of a medication person, but also causing serious adverse effects to the society as a whole, and the risk of recidivism is high. In order to protect the society and its members from the crime of narcotics, etc. recently being globalized, wideized and organized, strict response should be made to the crime of narcotics, etc. in order to protect the society and its members. In particular, since the import of narcotics, etc. is highly likely to cause the spread of narcotics and additional crimes, it is not easy to confirm that Defendant A imported marijuana for the purpose of distributing it in Korea, and it is difficult to ascertain the circumstances that Defendant A imported marijuana for the purpose of distributing it in Korea, and it is not distributed in Korea due to the seizure of the imported marijuana in whole, and considering the circumstances such as the age of Defendant A's misunderstanding, the age of his occupation and conduct and other conditions, etc.

2. Defendant B

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to six months; and

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

○ Crimes No. 1: Violation of the Act on the Control of Narcotics, etc. ( marijuana) by the import of marijuana.

[Determination of Types] Narcotics Crimes 03. Import, Export, etc. (Type 2] mariju, malics

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

○ Crimes No. 2: Offense of Violation of the Act on the Control of Narcotics, etc. ( marijuana) due to Smokings

[Determination of Type] 01. Simple possession, etc. of medication (Type 2 ), marijuana, perfume (d) and (e), etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 months to 1 year and 6 months;

○ Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two years to four years (the maximum of crimes No. 2)

○ Scope of the recommended sentencing revised by the applicable sentencing range: Imprisonment of two years and six months to nine years (in cases where the lower limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing range, the lower limit of the applicable sentencing range shall be based on the statutory applicable sentencing range).

(c) Determination of sentence: Imprisonment with prison labor for three years, suspended execution for four years, community service order for 80 hours, and 40 hours during the class of the Narcotics Treatment Manual;

As examined in the reasoning of sentencing against Defendant A, even if it is sufficiently confirmed that Defendant B had a criminal intent to smoke in marijuana as seen above, Defendant B had no unfavorable circumstances after the crime was committed, such as continuously denying the criminal intent to smoke in marijuana in the course of the investigation and trial. However, Defendant B is a primary offender with no criminal power, it is difficult to confirm the fact that Defendant B imported marijuana was imported for the purpose of distributing it in Korea, not a large amount of the imported marijuana, but is not distributed in Korea. The fact that Defendant B was completely seized and distributed in Korea; Defendant B’s mistake was divided into the crime of importing marijuana; Defendant B appears to have reached smoking upon solicitation; Defendant B’s age, character and conduct, occupation, environment, family relationship, etc.; Defendant B’s punishment is determined as per Disposition in consideration of all the circumstances such as sentencing conditions.

Judges Kim Gin-han

Judges Kim Jae-han