A penalty of one million won shall be additionally collected from a defendant.

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

On December 9, 2016, the Defendant filed an appeal with the Daejeon High Court sentenced to four years of imprisonment for a violation of the Act on the Control of Narcotics, Etc., but the appeal was dismissed on February 10, 2017 and the judgment became final and conclusive.

【Criminal Facts】

1. On October 18, 2015, around 18:00, the Defendant: (a) delivered four vinyl factorings containing psychotropic drugs, in front of the ○○ University, and received KRW 1 million from the Nonindicted Party in return, in return for the delivery of four hybrids in which the psychotropic drugs “IBk” (hereinafter “IBk”), are attached to the Nonindicted Party.

Accordingly, the Defendant sold psychotropic drugs.

2. On November 8, 2015, the Defendant: (a) on the road in front of the ○○○○○○ funeral hall ( Address 2 omitted); (b) on a white plastic paper containing the hub drug in order to sell the hub drug to the Nonindicted Party; and (c) on the wind, the Nonindicted Party did not sell the hub drug on the wind that the Nonindicted Party would not purchase it on the ground that the tobacco dust was stored in the end and smokeed on the end of the tobacco; and (d) the Nonindicted Party did not sell it on the wind that it would not purchase it on the ground that it was not good in the state of transshipment.

Accordingly, the Defendant attempted to sell psychotropic drugs and attempted to sell them.

1. Copy of each protocol of interrogation of the police by the Nonindicted Party

1. Each investigation report [Reports on the designation of narcotics, etc. and reports on the calculation of additional collection charges];

1. Previous records: Investigation report (the final report of the case in which the case is tried by each defendant), copy of the judgment, etc.;

Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3 (a) (i) of the Narcotics Control Act, Article 58(3), Article 58(1)3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) (i) of the Narcotics Control Act, Article 58(3), Article 3 subparag. 3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) (i) of the Act on the Control of Narcotics, Etc. (i.e.,

1. Handling concurrent crimes and legal mitigation;

The latter part of Article 37, Article 39(1), and Article 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37 and Article 38(1) of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the Act on the Control of Narcotics, etc. ( native to the Act on the Control of Narcotics, etc.) due to the purchase and sale of Emiba with heavy crimes

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances considered as favorable to the reasons for sentencing)

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

2. Determination of sentence (the sentencing criteria shall not apply in relation to concurrent crimes provided for in the latter part of Article 37 of the Criminal Act);

In that narcotics-related crimes are highly likely to have a serious adverse effect on society as a whole, such as avoiding the body and mind of an individual due to their decryptability, toxicity, radio wave, etc., as well as undermining the health and social safety of the people, and are likely to cause relevant crimes, etc., the responsibility of the accused for the crime is not easy.

However, it seems that the defendant has committed a crime against his mistake while making a confession of his own crime, the defendant has no record of being punished for a crime related to narcotics except for the previous convictions which are ex post concurrent crimes as shown in the judgment of the defendant, and at the time when the investigation was conducted on the criminal facts of the previous convictions in the judgment, it is necessary to consider the case of being tried at the same time as the previous convictions in the judgment of the court, and to consider the case of being tried at the same time and the case of equity. In addition, the punishment shall be determined as ordered by taking into account all the sentencing conditions

Judge Cho Jin-han (Presiding Judge)