B. Violation of the Act on the Control of Narcotics, Etc.

2. B

Attorney E (the national election for the defendant B)

However, the execution of each of the above punishment against the Defendants shall be suspended for three years from the date this judgment became final and conclusive.

The seized marijuana 5.15g, marijuana 4.57g, and marijuana 9.72g, three color vinyls, one CD case in concealment of marijuana 9.72g, one international letter-post bag 1.04g, marijuana 1.09g, marijuana 1.09g, marijuana 0.98g, marijuana 1.05g, marijuana 1.04g (the same 10g), and 5.2gs, etc., concealed of marijuana 9.72g, and one envelope 1, 104gs, and 1,05gs from the Defendants.

4,500 won shall be collected from each of the Defendants.

1. Smoking marijuana;

가. 피고인들은 2014. 1. 초순 밤 서울 강남구 F에 있는 G역 10번 출구 부근에 있는 상호를 알 수 없는 칵테일바 흡연실에서, 대마 약 0.5g을 종이로 말아 만든 대마 담배에 불을 붙여 서로 번갈아 가며 피웠다. 이로써 피고인들은 공모하여 대마를 흡연하였다.

B. At around 02:00 on February 16, 2014, the Defendants were unable to have bread around H basin in Gangnam-gu Seoul Metropolitan Government F, inserting approximately 0.5g of marijuana in pipes and bread by inserting it into pipes. Accordingly, the Defendants conspired to smoke marijuana.

C. From February 16, 2014, around 02:10 on February 16, 2014, the Defendants: (a) in the I toilet near the said H Station, the Defendants were unable to have 0.5gg of marijuana stored in pipe and fluened with a fire. Accordingly, the Defendants conspired to smoke marijuana.

2. Import of marijuana and psychotropic drugs;

The Defendants, through international mail, have the mind that the Defendants are able to smoke or administer marijuana and psychotropic drugs in the Republic of Korea from a foreign country, and Defendant A ordered marijuana and psychotropic drugs via the Internet in Japan. Defendant B conspired to import the hemp and psychotropic drugs by receiving them in lieu of them in the Republic of Korea, again to Defendant A in a way that they import them.

(a) Import of psychotropic drugs;

Defendants are not authorized to handle narcotics.

From January 31, 2014 to February 2, 2012, Defendant A visited 'K, an Internet site selling narcotics, etc. using Nowon-do,' and ordered psychotropic drugs to send off psychotropic drugs to 'K', Defendant A', the Internet settlement service, and entered 'B' and the place of receipt into 'B' and 'Seoul L Apartment 35-dong 207, Seoul, which is the domicile of Defendant B'. Accordingly, on February 2, 2014, Defendant B entered 'B' and the place of receipt to 'B' and 'B' and '207,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00,00,00.

On the other hand, Defendant B received, on February 17, 2014, the instant L Apartment 35 207 No. 207 on behalf of Defendant A, the international trade mail concealed psychotropic drugs, in lieu of whether the international trade mail will be delivered to the above address, and received it via Defendant A, his mother, on behalf of Defendant A.

As a result, the Defendants in collusion with the above-person under whose name the Defendants imported 10 Kauri Pamps and 10 Kariprools, which are drugs of psychotropic nature, from India to Korea.

(b) Import of marijuana;

From January 31, 2014 to February 2, 201, Defendant A connected to the Defendant’s house 1203 at the Defendant’s house, to “K, which is an Internet site that sells narcotics, etc. by using Nopt North Korea,” and ordered to send marijuana to those under the name of Canada and the Netherlands, and paid approximately KRW 150,000 won in total using face-to-face (PAPAL), which is an Internet settlement service, and entered the place of receipt into “B” and “Seoul Gangnam-gu L Apartment 35 Dong 207, the domicile of Defendant B.

(1) On February 8, 2014, the above person whose name was in Canada pursuant to the above order of the Defendant A who imported marijuana from Canada was put about approximately 9.72 g of marijuana in Canada and concealed it into the CD case, and then sent the addressee by means of international ordinary mail, indicating the place of receipt as 'B' and 'B' and 'Seoul Gangnam-gu apartment 35 207 dong, Gangnam-gu 207 dong. As above, the international ordinary mail concealed the marijuana at the port of supply in the Jung-gu Incheon Port, Jung-gu, Incheon. < Amended by Presidential Decree No. 25264, Feb. 8, 2014>

On the other hand, Defendant B received, on the other hand, the international ordinary mail concealed by Defendant A, in lieu of the test to be delivered to the above address, and received the request from Defendant B, at around 13:10 on February 17, 2014, the above apartment No. 35-207 on behalf of Defendant A.

Accordingly, the Defendants, in collusion with the above-mentioned names, imported 9.72g of the substitute drug from Canada to the Republic of Korea.

(2) On February 12, 2014, the above person who was in the Netherlands under the above order of Defendant A who imported marijuana from the Netherlands was put about approximately 5.2 g of marijuana in a color vinyl and packed it by international ordinary mail in the Netherlands, and entered the addressee into 'B' and the place of receipt in Gangnam-gu Seoul [Attachment 35 Dong 207]. As seen above, international ordinary items concealed for marijuana arrive at the Incheon State's port of supply in the Jung-gu Incheon Metropolitan Government MaH06, Malaysia on February 12, 2014.

On the other hand, Defendant B received, on the other hand, the international ordinary mail concealed by Defendant A, in lieu of the test to be delivered to the above address, and received the request from Defendant B, at around 13:10 on February 17, 2014, the above apartment No. 35-207 on behalf of Defendant A.

Accordingly, the Defendants, in collusion with the above-mentioned names, imported approximately 5.2g of hemp from the Netherlands to the Republic of Korea.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the detection of marijuana, response to each analysis result, response to a criminal investigation report (Attachment to a postal item in which pentors, etc. are concealed), investigation report (Attachment to a copy of a bankbook), and notification of the results of appraisal of narcotics;

Application of Statutes

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

Articles 61(1)4 (a) and 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 60(1)3, Article 4(1)1, and Article 2 subparag. 3 (d) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 58(1)5 and Article 3 subparag. 7 of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of each Criminal Act (limited to concurrent crimes with punishment prescribed in 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 import of a punishment or a

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Code (The following consideration shall be taken into account in favor of the reasons for sentencing)

1. Suspension of execution;

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

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [the confiscation or collection under Article 67 of the Act on the Control of Narcotics, Etc. is not aimed at depriving of the benefits from a criminal act, but rather is a disposition of punitive nature. As such, if several persons commit a crime with respect to the scope of the collection, the total amount of the value of narcotics shall be additionally collected from each person within the scope he/she handles (see Supreme Court Decision 2001Do5158, Dec. 28, 2001). In addition, if there are several persons who commit a crime, the confiscation or collection under Article 67 of the Act on the Control of Narcotics, etc. shall be jointly and severally collected from each of the Defendants (i.e., 1,50 won x 3 times)

Reasons for sentencing

1. Scope of the recommended sentence according to the sentencing criteria (defendants);

(a) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) due to smoking in marijuana;

(i) Determination of types: Narcotics crimes, medication, simple possession, etc.; Type 2;

(ii) Scope of recommendations: 8 months to 1 year and 6 months (basic areas);

(b) Crimes of violating the Act on the Control of Narcotics, etc. on the Import of psychotropic drugs;

(i) Determination of types: Narcotics crimes, export, import, manufacture, etc.; Category I:

(ii) Scope of recommendations: 10 months to 2 years (basic areas);

(c) Crimes of violating the Act on the Control of Narcotics, etc. ( marijuana) by importing marijuana;

(i) Determinations of types: Narcotics crimes, export and import, manufacture, etc., Category II;

(ii) the scope of recommendations: two to four years (basic areas);

2. Application of standards for handling multiple crimes (defendants): Two years to six years;

3. Criteria for a stay of execution (the defendants);

(a) Main reasons for affirmative participation: No history of criminal punishment; and

(b) positive reasons for general participation: A clear and serious reflection of social ties.

4. Determination of sentence;

Defendant A led the crime of smuggling import by ordering psychotropic drugs and marijuana to Defendant B’s address via the Internet in a foreign country. Defendant B received on behalf of Defendant A, and then intended to deliver it to Defendant A, etc. In addition, the degree of participation in the crime is not weak. The Defendants smoked marijuana at a public place.

However, all of the Defendants are recognized as committing the instant crime, and they are against themselves. The Defendants, at the time of committing each of the instant crimes, aged 19 or 20 and did not have any previous criminal record. The Defendants seem to have a clear social-related relationship, such as the family ties.

In addition, the conditions of sentencing, such as character and conduct, family relations, and circumstances after crimes, shall be determined as per the disposition.

Judges Park So-young

Judges, Senior Superintendent-General