마약류관리에관한법률위반(향정),마약류관리에관한법률위반(대마)
2018Gohap894 Narcotics Control Act, etc. (fence) and narcotics control officials
Violation of Chinese law (marijuana)
A
Book purification (prosecutions) and Kim Chang-scop (Trial)
Law Firm Geom, Attorney Kim Yong-deok, and Hanban
December 21, 2018
A defendant shall be punished by imprisonment for not less than two years and three months.
8,776,00 won shall be additionally collected from the defendant.
To order the defendant to pay an amount equivalent to the above additional collection charge.
Criminal facts
Criminal Power
On January 23, 2015, the Defendant was sentenced to two years and six months as a crime of violating the Act on the Control of Narcotics, etc. in the Changwon District Court’s Smuggling support on January 23, 2015 and completed the execution of the sentence in the Jinju Prison on July 3, 2017.
1. Violation of the Narcotics Control Act;
Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter referred to as "philophones") as follows:
A. On July 2018, the Defendant administered a phiphone in a manner of spreading and inhaleing the smoke that occurred by heating the phiphones on a gambling place, which is the Defendant’s residence, in Gyeonggi-do Office B building and C, which is the Defendant’s dwelling. Accordingly, the Defendant administered phiphones in collusion with D, in collusion with D.
B. On August 2018, the Defendant administered phiphones in the above manner, along with E, at the dwelling of the above Defendant.
Accordingly, the Defendant, in collusion with E, administered philophones. On August 2018, the Defendant received approximately 0.25g of philophones contained in the vinyl from E in front of the instant Btel, and received them without compensation, and administered 0.07g of philophones on the gambling place in the above Defendant’s residence. The Defendant administered philophones in a manner that inhales the smokes caused by heating the philophones on the gambling place.
D. On August 19, 2018, the Defendant administered philophones in a manner that put about approximately 0.18g of philophones into a gambling position at the end of the Defendant’s new wall bordering around August 19, 2018, and then crophones were injected in a manner that crophones came back and inhales together with F.
Accordingly, the Defendant conspiredd with F to administer philophones.
2. Violation of the Act on the Control of Narcotics, etc.;
(a) Trade in marijuana;
In spite of the fact that anyone is prohibited from selling or buying marijuana, the Defendant traded or sold it as follows:
1) On March 29, 2018, the Defendant: (a) suppered from I to I about 28g of marijuana at a mutual supper hotel near H Station located in Gangnam-gu Seoul, Gangnam-gu; and (b) 80,000 won as the price for the purchase of marijuana to I.
Accordingly, the defendant purchased approximately 280,000 won for marijuana from I.
2) On March 29, 2018, the Defendant: (a) purchased 28g of marijuana from I to M in front of L stores located near K Station 2 located in Mapo-gu Seoul, Mapo-gu; and (b) received 1.3 million won from M in the name of the purchase price for marijuana. Accordingly, the Defendant sold approximately 28g of marijuana to M in 1.3 million won.
3) On April 2018, the Defendant: (a) laid the alley in the vicinity of the station located in Gangnam-gu Seoul, Gangnam-gu, Seoul N, and laid about 168g of marijuana, and (b) laid 6 million won to I as the price for the purchase of marijuana.
Accordingly, the defendant purchased approximately 168g of hemp from the defendant to 6 million won.
4) On April 2018, the Defendant: (a) purchased approximately 168g of marijuana from M in the street near the five stations in Gangnam-gu Seoul N around the middle of 2018; and (b) received 7.2 million won of the purchase price for marijuana from M in the name of M.
Accordingly, the defendant sold approximately 168g of hemp to M in 7.2 million won.
5) On August 1, 2018, the Defendant: (a) 200,000 won for the purchase price for marijuana in front of Btels listed in the Btels listed in the above 1. A; (b) 1.0,000 won for the purchase price for marijuana to the person under the name injury.
Accordingly, the defendant purchased approximately 2g of hemp from his name-free persons to 100,000 won.
(b) Smoking marijuana;
No person may smoke marijuana, however, at the beginning of June 2018, the Defendant 1. A, on June 1, 2018, 2018. At the Defendant’s residence, the Defendant smoked marijuana in a way that f along with F, by inserting the smoke that occurred by cutting off the math of marijuana into glass pipes, and heating the smoke that occurred by cutting it into the Rater, along with F, at the same time from the above date to August 21, 2018. The Defendant f, as described in the attached list of crimes, conspired with F, D, or smoked marijuana by himself.
At around 02:00 on August 22, 2018, the Defendant is not a person handling narcotics, and even if he is not a person handling narcotics, he/she shall keep approximately 0.38g of marijuana contained in the glass container in the glass container in his/her hand room located in the RP in Jung-gu Seoul Central District P, Seoul, and keep approximately 1.09g of marijuana contained in the glass container in the back of the said vehicle, and keep approximately 0.24g of marijuana contained in the glass container in the glass box located on the back of the said vehicle, while keeping approximately 0.01g of marijuana contained in the glass container. The Defendant carried approximately 1.72g of marijuana.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's interrogation protocol on F, I, E, or D;
1. Each police suspect interrogation protocol (excluding withdrawal portion) of M with respect to M, police officer Nos. 2 and 3 of police officer interrogation protocol of F;
1. Records of seizure and list of seizure (including photographs attached thereto) of each police station;
1. Report on investigation by police and prosecutor's office (report on the results of appraisal of Mineines and seized articles, results of appraisal, such as urines, response to requests for appraisal of F seized articles, and market report, such as phiphones, etc.);
1. Each conical invoice (F written results of the assessment on the side effects, the results of the assessment on AMophones, the results of the assessment on AMophones, the results of the assessment on AMophones);
1. Previous records: Criminal records and investigation reports (Attachment to printed materials, such as a suspect A's judgment);
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act (the first order of July 2018, the first order of August 2018, the first order of August 19, 2018, the election of each penphone on August 19, 2018), Articles 60(1)2, 4(1)1, 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the receipt of penphones and the receipt of each penphones among August 2018, the election of each class of imprisonment), Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act, Article 61(1)4 (a) and Article 310 (a) of the Act on the Control of Narcotics, Etc., Article 61(1) and 310 (a) of the Act on the Management of Narcotics, Etc., Article 16(1) through 4 of the Criminal Code No.
1. Aggravation for repeated crimes;
Article 35 of the Criminal Act: Provided, That the proviso of Article 42 of the Criminal Act shall not apply to the violation of the Act on the Control of Narcotics, etc. by the sale of marijuana.
1. Aggravation for concurrent crimes;
Articles 37 (former part), 38 (1) 2, 50, and the proviso to Article 42 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed by 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 trade of ma with a policeman on April 2018, whichever
1. Additional collection:
The proviso of Article 67 of the Narcotics Control Act (1. A. (2. b. f. c. 14,000 won per page 10,000 won per page) + the same (100,000 won per page 1,000 won per page 1,000 won per page c. (4. c. 50,000 won per page 3,000 won per page) + criminal facts 2.1,50,000 won per page 4) + criminal facts 2.577,00 won in total, other than those seized 2g of marijuana as indicated in paragraph 67 (1.72 g. 5) of the Act on the Control of Narcotics, Etc. (2. c. 14,00 won in each page 3,00 won in each page 4,00 won in each page c. 8,071 through 7,207). However, the prosecutor may not confiscate the entire appraisal as above 301,71,2700 won in each.
1. Order of provisional payment;
1. Scope of applicable sentences by law: Imprisonment with prison labor for not less than one year but not more than 50 years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (marijuth) by sales of marijuana;
[Determination of Types] Trade Mediation, etc. for Narcotics Form 2 (mariju, Do administration (b) and (c), etc.)
[Specially Convicted Persons] Mitigations: The elements of serious cooperation in investigation: The same criminal records (not less than a stay of execution for not more than three years):
【Determination of Recommendation Area】 Basic Area
[Scope of Recommendation] Imprisonment with prison labor for not less than one year but not more than two years
(b) Scope of final recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year but not more than three years and not more than 8 months (in addition to the upper limit of the recommended sentences for basic crimes, the upper limit of the range of respective recommendations for and sentences for combined crimes shall be 1/2, and 1/3);
3. Determination of sentence;
○○ Unfavorable Circumstances: The Defendant had already been sentenced to three times a year and six months a year, and, in particular, had committed several narcotics crimes at the time when one year has not passed since the execution of the sentence was completed, the Defendant committed several narcotics crimes. The amount of marijuana and phiphones handled by the Defendant is not much equivalent to approximately KRW 10,000,000. The Defendant, as well as the Defendant, sold marijuana to others, sold it to others, thereby spreading narcotics, and recommended her female-parents to use marijuana.
The circumstances favorable to ○: The Defendant has led to the confession and reflect of all of the instant crimes. While the Defendant was at risk to his/her own and his/her family, he/she actively cooperate in the investigation and contributed to arresting narcotics offenders, etc.
In addition, the age, health, character and conduct, environment, family relationship, motive of the crime, circumstances after the crime, etc. of the defendant shall be determined as the order in consideration of all the sentencing conditions shown in the argument of the case.
The presiding judge, the Full Judge Line
Judges Kang Jin-han
Judges Do Residents-ho
1) The defendant who received 50,000 won from E in the case of the penphone 0.25g of the criminal facts stated in the judgment 101 of the evidence records
police statements of the person (Evidence No. 828)
(ii) melting melting plants in a circular glass container (No. 1), pipes (No. 2), melting melting plants contained in melting glass containers (No. 7);
Corresponding metal tamper (Evidence No. 8), portable tamper (Evidence No. 9), iron pipe (Evidence No. 10), melting melting contained in glass containers
Cannabis seeds contained in color plant powder (Evidence No. 11), stroke strokes (Evidence No. 12)
A person shall be appointed.