Violation of Chinese law (marijuana)

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

Seized Nos. 2, 3, 5, 6, 8, 9, 11, 13, 15, 17, 21, 23, 25, 27, 28, 29, 34, 39 (No. 8 shall be excluded from the accused respectively.

17,142 won shall be additionally collected from the defendant.

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

Although the defendant is not a person handling narcotics, he handled psychotropic drugs and marijuana as follows, although he is not a person handling narcotics under U.S. nationality.

1. Import of narcotics;

A. On December 2016, the Defendant: (a) connected to the Defendant’s residence of the Seoul Gangnam-gu Seoul DD building 203, and transferred psychotropic drugs to the sales from 'E’; (b) 5g, 3 Kenya 24, 6g, 15g, 14, 14, 2C-E, 2C-B0.5g, 2C-B0.5g, 877, and 2C-B0, 2C-2, and 5g, 2C-B0, and 5g, 200,000,000 won, to the seller from the Republic of Korea through the foregoing international mail, and then sent the said ls to the seller from the Republic of Korea via the 17th aviation of Incheon. < Amended by Act No. 17888, Dec. 17, 201>

Accordingly, the Defendant imported psychotropic drugs and marijuana in collusion with the seller of narcotics.

B. On March 5, 2017, the Defendant ordered 45 g of the hemp day to a sales in the foregoing manner, and remitted approximately one million won to a sales in the same manner as above, and the sales in the name of the sales in the name of the seller was divided into eight for the hemp day and 17 for the test, and the four for the international letter-post items sent to the Republic of Korea and sent to the Republic of Korea eight for the injection machine. On April 5, 2017, four for the international letter-post items sent to the Republic of Incheon Government via F on April 19:51, 201, and 17 for the items with a small amount of 17 for the test color. < Amended by Presidential Decree No. 28139, Apr. 7, 2017>

Accordingly, the Defendant imported marijuana in collusion with the seller of narcotics.

2. Medication or smoking of narcotics;

A. From January 1, 2017 to March 2017, the Defendant 1-A, at the residence of the above Defendant, lsd with water 1/8 each time, and administered lsd with a total of eight days every eight days.

B. The Defendant, at the same time and place as above, 0.015-0.02 g in water at one time, taken approximately KRW 0.075-0.1g in total, and administered an X-gu in total for five days.

C. At the above date, at the same time and place, the Defendant injected approximately KRW 0.015-0.02g in water at one time, together with water, and administered 0.075-0.1g in total on a five-day basis.

D. The Defendant, at the same time and place as above, inserted and melted the hemp plants sealed as set forth in Article 1-A(a), and smoked 7-8 times in total by using a smoker, a smoker, for a total of 5gs.

Summary of Evidence

1. Defendant's legal statement;

1. A general list of seized articles, and each protocol of seizure (Evidence Nos. 23,30,57);

1. Each investigation report (the sequence 14, 28, 40, 43, 44, 45, 52, 53, 65 of the evidence list);

1. Results of each appraisal, report on the detection of marijuana, and results of the appraisal of narcotics;

1. Each mutual assistance and investigation instruction, each FF-post detection report, cooperation and official document, detailed information on the results of delivery, temporary narcotics, etc.;

1. The details of the monthly trends of narcotics, 'drgs', Kenya on February 2017

1. Detection photographs of each motion picture and each seized article;

Application of Statutes

1. Article applicable to criminal facts;

Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the point of import of lsD, gymology, 5-Meetprophtho-methylproculator), Articles 58(1)3, 5-2(5), and 3 subparag. 5, and Article 2 subparag. 3 (a) of the Narcotics Control Act, Article 30 of the Criminal Act (the point of import of DOC), Articles 58(1)6, 4(1)1, and 2 subparag. 3 (b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act, Article 30 (the point of import of est, 20-B, 2C-E, and X-free substances, Article 58(1)3, Article 58(1)5, Article 37 of the Act on the Control of Narcotics, etc., Article 30(b), Article 5(1)3) of the Criminal Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act [the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (maths) due to the importation of each narcotics, etc. from EXD, 7 days, 5-Methopropropropya, DOC, X-type, X-B, 2C-E, 2C-E and EX-E, and on the violation of the Act on the Control of Narcotics, etc. (maths) due to the importation of EXP, and on the violation of the Act on the Control of Narcotics, etc. (maths) due to the importation of EXP on December 2016, 201]

1. Selection of punishment;

With respect to the crimes of violation of the Act on the Control of Narcotics, etc. (flag) due to lsD imports and the crimes of violation of the Act on the Control of Narcotics, etc. (flag) due to the import of marijuana on April 7, 2017, each of the crimes of violation of the Act on the Control of Narcotics, etc. (flag) due to the X-guer and the Kenya medication, and each of the crimes of violation of

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and Article 50 of the same Act shall apply to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (competence) due to the heavy ls imports of lss

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. 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

[Additional Collection Amount: 117,142 won (=ls 21,400 won for lsD 1, each + 80,000 won for X-Pacthesis + 742 won for Kenya 0.1g medication + 15,000 won for marijuana 5g medication)】

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. The scope of recommendations on the sentencing criteria: The defendant's lsD, shooting days, 5-Mexpropy (Mexane), Dozers, X-si, Kenyas, 2C-B, and 2C-E, and the violation of the Act on the Control of Narcotics, etc. (flavo), and the violation of the Act on the Control of Narcotics, etc. (flavour) on the Control of Narcotics, etc. (flavour) shall not apply, since the violation of the Act on the Control of Narcotics, etc. (flavour) by importing marijuana from the Hanman on December 2016 is in

3. Determination of sentence;

In light of the fact that the crimes related to narcotics, such as the crime of this case, are not only to avoid the body and mind of an individual, but also to harm the national health or to cause another crime due to toxicity and stimulation, etc., it is highly likely that the import of narcotics, etc. is likely to further increase the domestic supply and distribution of narcotics, etc., and thus, it is necessary to punish the defendant strictly in light of the following: (a) the import of narcotics, etc. is highly likely to cause the risk and criticism; and (b) the type of narcotics imported by the defendant and some of them are directly administered by

However, it is difficult to view that the Defendant has attempted to administer narcotics, etc. as above for the purpose of treating the Defendant’s sexual intercourse and recidivism after considering the following factors: (a) the Defendant’s confession of all the crimes of this case and his mistake is true; (b) the Defendant appears to have imported narcotics, etc. for the purpose of medication; (c) the Defendant appears to have sold or distributed narcotics, etc. separately; and (d) the total amount of imported narcotics, marijuana, etc. was seized; and (e) the Defendant used or administered narcotics, marijuana, etc. in so far as they differ from ordinary narcotics medication methods; and (b) whether or not the microroring and very limited small quantity, which the Defendant argued, have been medically verified, as seen above, tried to prevent the Defendant’s sexual intercourse, etc. from being exposed to various articles or papers submitted by the Defendant and to treat friendly drugs, etc. for a long time; and (b) the Defendant’s family relation is more likely to be punished by the Defendant’s mental disorder and recidivism, etc., and to further determine the Defendant’s mental disorder and recidivism method, etc.

It is so decided as per Disposition for the above reasons.

The same judge's identity

Judges Lee Young-young

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