Violation of the Narcotics Control Act (mariana)

[Defendant-Appellant]

Seized evidence 1 to 36 each shall be confiscated.

408,000 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 person handling narcotics, the Defendant handled lsD, DNA ethylis (hereinafter referred to as “DMT”), MMA, Kenya, and marijuana as follows:

1. Purchasing narcotics;

On December 2, 2017, the Defendant purchased approximately KRW 2,30,000,00,000 from 'B' in Vietnam, which was located in Vietnam, for the sale of narcotics in its name, from 'B' to 'B', and purchased approximately KRW 2,300,000 from 'B', MMA 50,000 (1,000,000), lsD 40 (80,000), 10,007 (50,000), 1.1g, and 1.0g, of Kenya, at the same time.

2. Import of narcotics;

The Defendant concealed approximately 1.1g and approximately 1.0g of MaMA 46, lsD 40, maMA 100g, Kenya 1.1g, and DoMT 1.0g on travel capital, among the narcotics purchased as above, on board C, and simultaneously imported them at the Incheon National Port on January 9, 2018.

3. Sales advertisements of narcotics;

On July 15, 2018, the Defendant: (a) linked to D’DF on the D’s website; (b) prepared and posted a letter of sale of marijuana one time in the manner of writing, “N-joint and several parcels: CH-joint and several parcels: 0.5gs per opening 0.5g, respectively; .. 1g-70,000 won and at least fiveg of sharing at least.”

Accordingly, the Defendant conspired with D to advertise information on the sale of narcotics by widely notifying or presenting it to others through telecommunications.

4. Smoking in marijuana.

A. On July 14, 2018, the Defendant, in collusion with G, smoked marijuana in collusion with G by attaching a fire with G to one steering boat (a hemp approximately 0.5g) at the mutual infesturite room in Daejeon, with G, and driving the smoke.

B. On November 2018, 2018, the Defendant, in collusion with D, smoked marijuana in collusion with D, by attaching one steering boat together with D in the Defendant’s residence located in Yongsan-gu Seoul, Yongsan-gu, Seoul.

C. At around 02:00 on November 28, 2018, the Defendant, at the above Defendant’s residence, destroyed one steering boat, and smoked from marijuana by a method of smoking the boat.

5. Receipt of marijuana;

A. On July 14, 2018, the Defendant issued to G, without compensation, one steering set at the mutual incompetence room located in Daejeon.

B. On November 2018, 2018, the Defendant issued 6 lighting sets (total 3gs of marijuana) to D free of charge at the residence of the Defendant, among the police officers.

6. Cultivation of marijuana;

On November 28, 2018, the Defendant: (a) laid three marijuana seeds, containing soil in a transparent paint in the Defendant’s residence; (b) laid down water; and (c) cultivated three marijuana plants in length by November 28, 2018.

7. Possession of narcotics;

On November 28, 2018, at around 10:05, the Defendant possessed MDMA 46, LSD 38, 1.1g, DMT approximately 0.9g, 41.4g, 2 bits in the form of a book book, a test color, etc. at the residence of the above Defendant.

Summary of Evidence

1. Defendant's legal statement;

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

1. A copy of each protocol of examination of suspect regarding D by the prosecution;

1. Investigation report (the commencement of an additional investigation of narcotics trading or multi-web web 'E'), investigation report (the arrest and the execution of search and seizure warrants), investigation report (the date on which a suspect smokess G and marijuana tobacco), investigation report (the date on which the suspect smokess G and marijuana tobacco), and investigation report (the verification of the flight name used by the suspect at the time

1. Records of seizure and photographs of each seized article;

1. The screen of a sales advertisement for narcotics, the closure screen for each individual, the entry into and departure from the Republic of Korea, and G mobile phone calls;

1. Written confirmation of the inspection of uriant summary drugs, and written appraisal of narcotics;

Application of Statutes

1. Article applicable to criminal facts;

Articles 58(1)3, 3 subparag. 5, 2 subparag. 3 (a) (DM), Articles 58(1)7, 39(1)7, and 3 subparag. 7 (the trade of marijuana) of the Narcotics Control Act, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (MMA, Kenya’s trade, and possession) of the Narcotics Control Act, Articles 58(1)5, 3 subparag. 7 (the import of marijuana) of the Narcotics Control Act, Article 58(1)6, 4(1), 2 subparag. 3(a) (the import of narcotics, etc.), Article 8(1)1, and 30 subparag. 13(a) of the Narcotics Control Act (the Act on the Control of Narcotics, etc.), Article 2 subparag. 13(b) (the Act on the Control of Narcotics, Etc.), Article 62(1)30(a) of the Act on the Control of Narcotics, Etc.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment on the violation of the Act on the Control of Narcotics, etc. (fence) and the violation of the Act on the Control of Narcotics, etc., and the punishment on the violation of the Act on the Control of Narcotics, etc. (fence) due to the sale and purchase of narcotics, etc., and the punishment on the violation of the Act on the Control of Narcotics, etc. (frightness) due to the import of narcotics, etc., and between the violation of the Act on the Control of Narcotics, etc. (frightness) and the violation of the Act on the Control of Narcotics, etc. (frightness) due to the import of narcotics, etc., the punishment on the violation of the Act on the Control of Narcotics, etc. (frightness), each violation of the Act on the Control of Narcotics, etc. due to possession of narcotics, etc., and between the violation of the Act

1. Selection of punishment;

In regard to the crimes of violation of the Act on the Control of Narcotics, etc., each sentence of imprisonment or imprisonment with prison labor for the violation of the Act on the Control of Narcotics, Etc.

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be aggravated for concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (psychotropic Affairs) due to the importation of DoM, which is the largest amount of crime

1. Discretionary mitigation;

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

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

【Grounds for Calculation of Additional Collection Amount】

Of the narcotics purchased by the Defendant under Paragraph (1) of this Article, the sum of 408,000 won (=80,000 won + 40,000 won + 288,000 won, and No. 235,236 of the evidence records)

O MMA 4: 80,000 won (=4 x 20,000 won/refined)

○ lsD 2: 40,000 won (=Chapter 2 X 20,000/p)

○ hemp 57.6g: 288,000 won (=57.6g X 5,000 won/g)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

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

2. Scope of recommendations according to the sentencing criteria;

The sentencing guidelines are not set for the crimes of violation of the Act on the Control of Narcotics, etc. (marith) through the advertisement of marijuana trade, and some crimes are in a mutually competitive relationship, so the sentencing guidelines are not applied. However, this paper examines the sentencing guidelines for the crimes of violation of the Act on the Control of Narcotics, etc. (flath) through the import of the following DM,

[Determination of Types] Manufacturing of Export and Import, etc. (Narcotic drugs, native items (a) and (b), etc.)

【Special Convicted Person】

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

3. Determination of sentence;

After purchasing or importing a large quantity of narcotics in a foreign country, the Defendant, while carrying them, posted an advertisement for smoking and selling them to others, and cultivated marijuana by using the seeds obtained from the purchased marijuana. The crime related to narcotics is not easy to detect due to its characteristics, but is highly likely to cause recidivism, and is likely to have an adverse impact on the social harm and health of the public, such as the proliferation of narcotics and the inducement of additional crimes resulting therefrom. The Defendant was under the preemptive action of suspending the suspension of indictment on August 23, 2013. Considering the above circumstances, there is a need to strictly punish the Defendant.

However, the Defendant appeared to have committed a crime in cooperation with the investigation after being arrested, and the Defendant appeared to have committed a crime against himself/herself. The narcotics, etc. imported by the Defendant were confiscated most, and have not been distributed during the time. The Defendant did not have any criminal record exceeding the fine, in addition to those subject to the suspended execution during military service, and the Defendant again said that he/she would not take a hand on

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of the crime of this case, and various conditions of sentencing as shown in the pleadings of this case shall be comprehensively considered.

Judges Park Jae-ran

Judges Chief Democratic