2017Gohap474(combined) Act on the Control of Narcotics, etc. (fence)

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

To order the accused to be put on probation and to take pharmacologic treatment for 120 hours.

870,000 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 narcotics handler, he handled lsD and marijuana, which are psychotropic drugs, as follows:

2017Gohap284

1. Sale and purchase;

A. On July 14, 2016, around 22:20 on July 14, 2016, the Defendant: (a) provided KRW 300,000 in cash to E in the Gangnam-gu D Parking Lot; and (b) purchased marijuana by E.

B. On October 9, 2016, around 23:00, the Defendant: (a) provided KRW 1050,000 in cash to G and H around the F apartment of Seongdong-gu Seoul Metropolitan Government; (b) received 1g of marijuana and lsD 10 copies from G; and (c) purchased marijuana and lsD.

C. At around 23:00 to 23:30 on October 13, 2016, the Defendant provided G with KRW 500,000 in cash and purchased marijuana 2g from G, while obtaining KRW 500,000 from G.

D. On December 3, 2016, at around 23:50, the Defendant: (a) included KRW 500,000 in cash in the Defendant’s stampion paper of 1306, the Defendant purchased marijuana at around 25:50; (b) received KRW 3g of marijuana, which was put in the scopic paper of the Defendant’s dwelling site; and (c) received KRW 50,000 in cash as the price for the purchase of marijuana; and (d) purchased marijuana.

2. Smoking:

A. At around 23:00 on July 14, 2016, the Defendant smoked marijuana by mixing approximately 0.1g of the hemps purchased, as set forth in paragraph 1-A, with general tobacco, in the manner of smoking, from among the hemps purchased, as set forth in paragraph 1-A.

B. At around 09:00 on August 22, 2016, the Defendant smoked by mixing approximately 0.1g of the hemps purchased, as referred to in paragraph (1), with general tobacco, in the same manner as the above Defendant’s residence.

C. On October 9, 2016, at around 06:00, the Defendant smoked marijuana in common with the Defendant, in a way that, at the residence of theJ located in Yongsan-gu Seoul, Yongsan-gu, Seoul. At the residence of the J, the amount of marijuana equivalent to the amount of marijuana contained in the electronic tobacco possessed by J was c and boomed, and smoked by smoking.

라. 피고인은 J과 공동하여, 2016. 10. 10, 05:00경 위 J의 주거지에서 피고인이 제1의 나.항과 같이 매수한 대마초 중 약 0.2g을 '팰리아멘트' 담배 개피에 넣고 라이터로 불을 붙여 J과 함께 번갈아가며 담배를 피우는 방법으로, 대마를 흡연하였다.

E. On October 12, 2016, the Defendant, in collaboration with J, smoked marijuana in a way that the amount of marijuana contained in an electronic tobacco possessed by J at the domicile of the said J, i.e., the Defendant spawn with J, and smoked in a way that the Defendant spawns the amount of marijuana.

바. 피고인은 J과 공동하여, 2016. 10. 14. 06:10~09:00경 위 J의 주거지에서 제1의 다.항과 같이 매수한 대마초 중 약 0.2g을 '팰리아멘트 담배 개피에 넣고 라이터로 불을 붙여 J과 함께 번갈아가며 담배를 피우는 방법으로, 대마를 흡연하였다.

사, 피고인은 2016. 12, 4, 00:00~01:00경 위 피고인의 주거지에서 제1의 라.항과 같이 매수한 대마초 중 약 0.1g을 '팰리아멘트 담배 개피에 넣고 라이터로 불을 붙여 담배를 피우는 방법으로, 대마를 흡연하였다.

"2017, 474"

1. On October 9, 2016, at around 23:00, the Defendant used one of the lsD 10 LSD 10 purchased from G and H, in the Defendant’s residence of 25 Dong-dong 1306, Jung-gu, Seoul.

2. On October 10, 2016, the Defendant used lsD 1 together with water at the residence of the above Defendant around the new wall.

Accordingly, the defendant administered lsD 2 twice.

Summary of Evidence

"2017 Gohap284"

1. Defendant's legal statement;

1. Each police interrogation protocol of H and G:

1. Copy of the police statement of E;

1. Protocols of seizure and list of seizure (Nos. 8 and 9);

1. Written tests, written tests and written confirmations for tests;

1. Results of the appraisal by the National Institute of Scientific and Investigative Research, each preliminary report on narcotics, and a report on narcotics appraisal;

1. An investigation report (sale dialogue details between G and A), a report on an investigation (investigation of the results of a simple trial report by a suspect A), a report on an investigation (investigation of details of a suspect's cell phone text messages), a report on an investigation (investigation into details of a suspect's cell phone text messages), a report on an investigation (investigation into the residence of the J which is a place for smoking marijuana), a report on an investigation (investigation into the dwelling of a suspect and the J), a report on an investigation (investigation into the telephone conversations of a suspect at his own home taken by a suspect A), a report on an investigation (Calculation of a surcharge), a report on an investigation (Calculation of the market

1. Data on the contents of telephone conversations between E and A, the contents of telephone conversations between A and E, photographs of the contents of conversation, and the photograph of the ASNS text, and photographs and information on the subscribers related to the A telephone delivery and reverse communication;

2017Gohap474

1. Defendant's legal statement;

1. Each police interrogation protocol of H and G:

1. Investigation report (investigation results of close appraisal by a suspect) and investigation report (applicable for calculation of additional collection charges);

1. A request for appraisal, reply and written appraisal;

Application of Statutes

1. Article applicable to criminal facts;

Article 1 subparag. 1 of the Addenda to the Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); Article 59(1)7, Article 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); Article 59(1)7, Article 3 subparag. 7 of the Narcotics Control Act (amended by Act No. 1401, Feb. 3, 2016); Article 58(1)3, subparag. 5, Article 2 subparag. 3 (a) of the Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016); Article 61(1)4 (a) and Article 3 subparag. 10 (a) (a) of the Narcotics Control Act (amended by Act No. 14019); Article 59 subparag. 3 (a) (a) of the Narcotics Control Act; Article 59(3) of the Narcotics Control Act (1).

1. Commercial competition;

Articles 40 and 50 of the Criminal Act and Article 1-284 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.) due to the purchase of marijuana as indicated in Article 40 and 50 of the Criminal Act, and the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the purchase

1. Selection of punishment;

Selection of limited imprisonment for the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) due to lsD purchase, and each of the crimes of smoking marijuana shall be punished by imprisonment.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act are the largest lsD purchase, and the penalty provided for in the Act on the Control of Narcotics, etc. (in the case of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics

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 grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Orders for probation and education;

Article 62-2 of the Criminal Act

1. Collection 1);

The proviso to Article 67 of the Narcotics Control Act

[Reasons for Calculation of Surcharge] 2]

(1) The purchase portion of marijuana.

- Subject to collection: 1-A. 0.5g (the defendant purchased 2gs of marijuana from E) of the Decision 1-2017 Highest 284 (the defendant purchased 2gs of marijuana from E, but the defendant, at the police station, stated that he smoked and stored the remainder five times in total, about 0.1g, and seized by the investigation agency (the evidence records No. 71, 77 pages), and general tobacco and marijuana, seized by the defendant under No. 20 voltage 3483 of Seoul Central District Prosecutors' Office No. 20543, No. 3483), were destroyed after using appraisal (Evidence No. 1118 of the evidence record), and thus, it was discarded (the evidence No. 118 pages), + 2017 Highest 2843(b) 1g + 2017 Highest 1-284(g) 200g).

- Total: 6.5g X 100,000 = 650,000

○ Smoking portion of marijuana: 3,00 won per marijuana 】 2 times (Article 2-c., (e) x 6,00 won (the Smoking portion of marijuana purchased shall be deemed to have smokeed, and shall not be collected separately from the purchase part of marijuana).

O lsD purchase portion: 21,400 won = 214,000 won per retail of lsD 10 Chapter X lsD purchased as stated in paragraph (b) of Article 1-B of the 2017 Highest 284.

○ ls used: The part of ls used shall not be collected separately as long as the purchased part of ls used is collected as the purchase part of ls.

○ Additional charge: 870,000 won (=650,000 won + 6,000 won + 214,000 won)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Non-application of the sentencing criteria: Article 1-2(b) of the 2017 Highest 284 of the 2017 Highest 284 as stated in the judgment, and the offense of violation of the Act on the Control of Narcotics (mariana) by the purchase of marijuana and the offense of violation of the Act on the Control of Narcotics (mariana) by lsD

3. Determination of sentence;

Since narcotics-related crimes are likely to have a serious adverse effect on society as a whole, such as impairing the public health or inducing other crimes, etc., as well as impairing the body and mind of an individual, it is necessary to strictly punish them. The Defendant’s crime of this case is a purchase, use, or smoke of ls and marijuana, which are psychotropic drugs, on several occasions, and it is not good to commit the crime. In particular, the Defendant purchased again marijuana despite being arrested and being investigated by smoking and being investigated, and purchased it to ls and used it. Such circumstances are the circumstances unfavorable to the Defendant.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, living environment, motive, means and consequence of the crime, and circumstances after the crime, all of the sentencing factors in the trial process of this case shall be determined as ordered by considering the following factors: (a) the defendant has recognized all of the crimes of this case and against his mistake; and (b) the defendant has no record of criminal punishment.

Judges Tae-young

Judicial Chief Judge;

2) The following transaction prices, etc. of marijuana and lsD, which are required for the calculation of the additional collection charges, shall be based on the monthly trend of narcotics, etc., January 2017.

3) For the accurate quantities of marijuana, other than double general tobacco, it is not clear in the record.