Violation of the Punishment Control Act ( natives)

However, the execution of the above punishment shall be suspended for 4 years from the date this judgment became final and conclusive. To order the defendant to be put on probation for 3 years, to provide community service for 200 hours, and to take lectures for pharmacologic treatment for 40 hours.

2,19,379 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated cocars, psychotropic drugs, MDMA (hereinafter referred to as "EXP") and Kenya as follows:

1. The sale and purchase of X-gu posters;

On April 20, 2017, the Defendant, through E’s arrangement, sold 50 U.S. 32,000 feet to F at 32,000 feet, and sold 32,000 feet from F at the same place at the same time as the next day.

2. X-type and Kenya medication;

A. On June 22, 2017, the Defendant: (a) administered an X-si from “G” in Thailand, Thailand, Thailand, at around 22:00, in a manner of drinking water with water, from “H” without compensation; (b) around 23:00, the Defendant: (a) administered an X-si, X-si and Kenya Han-si (mix 0.5-1g) in a manner of drinking water; and (b) administered an X-si, X-si in a manner of drinking water in a manner of sprinking them with water. The Defendant, around December 23:0, 2017, was administered in a manner of drinking water with water in a manner of drinking water using the land as soon as possible.

3. Mediation for the sale and purchase of cocars and Kenyas;

On August 1, 2017, the Defendant: (a) sought from Thai City, Thai City, Thailand, and then transferred 6,000 f or more of the price of the above narcotics to 'K' on the last day of this week, after asking J to J as to whether or not to purchase ccar in the Republic of Korea since 3,00 f or more of Japan (hereinafter referred to as 'K'); and (b) received from J as to whether or not to purchase ccar in the Republic of Korea, "L in the name of the Defendant" from J to 3,00. On August 4, 2017, J received from the J as to 'L' bank (Account number: M) of Thailand, and received 6,000 f or more of the price of the above narcotics from 'K' to 'K', 3,000 g or g, around the end of this month.

As a result, the defendant arranged the trade of J and K with the ccar and the Kenya. [2018 1536]

Even though the Defendant is not a person handling narcotics, the Defendant treated X-si and Kenya as follows. 1. On April 2017, the Defendant sold X-si in the 1,800 bit, at around 22:00, to J around 1,80 cock in Thailand.

2. On April 2017, the Defendant sold 23:00, amongstst 2017, to E at “G” located in Thailand, for 5,000 feecers.

3. On May 2017, the Defendant sold 3 X-si 2,250 bit from 23:00 to 23:00 to E.

4. At around 22:00 on June 2017, the Defendant sold approximately 1.5g of the CY to J in approximately 3,000 c,00 g of the CG.

5. On July 2017, the Defendant sold approximately KRW 22:00 to J in 4,00 the 5 g of the Kenya ( approximately 2.5 g) from 22:00 on July 201.

6. On August 8, 2017, the Defendant sold 5 hours X-si to E in 3,800 cocks in Thailand at “D Condo” located in Thailand, Thailand.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecution against the F and J [Duplicate] The protocol of interrogation of suspect;

1. Each prosecutor's statement to E and J;

1. Each [Duplicate] investigation report, each investigation report, and the notice of legal professional appraisal (splicate);

1. A copy of each individual's entry and departure status, Incheon District Court's ruling 2017Gohap253, F's entry and departure details, copies of passbook of Korean bank, copies of passbook of Han Bank, Bangokb Bank (P), copy of passbook of passbook of rugsrib Bank (M), and copy of passbook of passbook of kasiorn;

1. [Certified Copies] Rhograph photographs and routing photographs;

Application of Statutes

1. Article applicable to criminal facts;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the trading and medication of an X-gu, the purchase and sale of, the Kenya, the transaction of, the transaction of, the transaction of, the good offices for, and the administration of narcotics), Articles 58(1)1, 4(1)1, and 2 subparag. 2(d) of the Narcotics Control Act (the occupation of good offices for the trade of, the ccar)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. (Narcotic Drugs) and the crime of violation of the Act on the Control of Narcotics, etc. on August 1, 2017, and the punishment as prescribed by the Act on the Control of Narcotics, etc. (Narcotic Drugs)

1. Selection of punishment;

In regard to the crimes of violation of the Narcotics Control Act (narcotics), imprisonment for a limited term and imprisonment for each of the crimes of violation of the Narcotics Control Act shall be chosen.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes with the punishment prescribed for a violation of Acts by the Narcotics Control Control Center (Narcotic Drugs) with the largest sentence

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation, order to provide community service and attend lectures;

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

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (the same as the details of calculation of additional collection charges)

1. Order of provisional payment;

1. Scope of applicable sentences under the law: Imprisonment with prison labor of two years and six months from June to June 22

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violation of the Narcotics Control Act;

[Determination of Type] Trade good offices, etc.

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

(b) Crimes of violation of the Act on the Control of Narcotics, etc. on April 20, 2017;

[Determination of Types] Trade good offices, etc.

[Scope of Recommendation] A person who has been sentenced to imprisonment from one year to two years (basic area). A person who has violated the Act on the Control of Narcotics, Etc. (competence) around 23:00 on April 2017.

[Determination of Types] Trade good offices, etc.

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

(d) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor of four years to eight years;

3. Determination of sentence;

In light of the characteristics of narcotics-related crimes, it is not easy to detect narcotics due to their characteristics, and the risk of recidivism is high, as well as the harm that leads to the whole society as well as the relevant individuals due to decliation, toxicity, etc., and thus its illegality and possibility of criticism is high. The Defendant traded, arranged for the sale of, and administered various narcotics, etc. over several occasions. Considering the above circumstances, there is a need to punish

However, there is no criminal conviction exceeding the previous and fine for the defendant. The defendant all recognized the crime of this case, and "do not take advantage of narcotics," appears to be against the nature of the defendant, such as submitting a statement of reflection to the effect that "do not take advantage of narcotics, etc.". The defendant is the young age that can expect improvement and edification of character and behavior, and the mother's and sons of the defendant want to take a preference against the defendant, and it seems to be relatively clear that social ties are relatively clear.

In addition to the above circumstances, taking into account various sentencing conditions as shown in the arguments of this case, such as the motive, means and result of the crime, the circumstances after the crime, age, character and conduct, environment, family relationship, etc., the sentence of imprisonment with prison labor is suspended, and the execution of the sentence is suspended, but the probation, community service, and pharmacologic is ordered to be taken in order to provide appropriate treatment, edification, and recidivism against the defendant.

Judges Park Jae-ran

Judges Chief Democratic