2018Gohap117 Violation of the Act on the Control of Narcotics, etc. (narcotics)

A

Plastic (prosecution) and papering (public trial)

Law Firm Sejong

Attorney Lee In-ok and Kim Jong-soo

March 18, 2019

A defendant shall be punished by imprisonment for not less than two years and six months.

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

To order the defendant to be put on probation and to take pharmacologic treatment for 80 hours.

875,000 won shall be additionally collected from the defendant.

Criminal History Office

1. Purchase and attempted purchase of coaches;

Despite the fact that the Defendant was not a person handling narcotics, the Defendant did not intend to purchase, or to purchase, a knife as follows, the knife and attempted to do so.

A. On November 26, 2017, the Defendant, who became aware of in the club, decided to purchase ccars from the name Buddhist winners (one name B; hereinafter referred to as “B”), and around 08:00 on November 26, 2017, the Defendant placed approximately 1g of ccars, which were put in the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government ccarbing, and included KRW 350,000, ccars purchase price in the above ccarbing.

Accordingly, the Defendant purchased approximately KRW 350,000, about 1g, Cocar from B.

B. On December 5, 2017, at around 04:05, the Defendant posted approximately 1.5g of the Cocar, which he was put in the above Bara’s unmanned stack, and then posted KRW 525,000 for the above Bana’s purchase price.

Accordingly, the Defendant purchased approximately KRW 1.5g from Cocar in KRW 525,00.

C. On December 12, 2017, at around 17:41, the Defendant: (a) sought approximately 0.48 g, a Cocar, which was put in the above Bara-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba; (b) sought to include KRW 525,00,00 as the purchase price in the above Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-Ba-

2. Use of coaches;

On November 26, 2017, the Defendant used ccars over seven occasions from the above date to December 8, 2017, using ccars using ccars as soon as he created by paper in Mapo-gu Seoul Metropolitan Government D apartment and E, which is the Defendant’s residence.

The list of crimes shall be made.

A person shall be appointed.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A narcotics appraisal statement and reply to requests for appraisal;

1. EachCC-TV image;

Application of Statutes

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

Articles 58(1)1, 4(1)1, and 2 subparag. 2(d) of the former Narcotics Control Act (Amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), Articles 58(1)1, 4(1)1, and 4(1)1, Article 2 subparag. 2(d) of the former Narcotics Control Act (amended by Act No. 15481, Mar. 13, 201; hereinafter the same shall apply), Articles 58(3) and (1)1, and 4(1)1, Article 2 subparag. 2(d) of the former Narcotics Control Act (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), and Articles 60(1)1,

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 and the punishment provided for in the Act on the Control of Narcotics, etc. (the aggravation of concurrent crimes with punishment provided for in the Act on the Control of Narcotics, etc.) on December 5, 2017,

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution;

Article 62(1) of the Criminal Act ( considered for repeated normal conditions favorable to the following):

1. Orders for probation and education;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Calculation Basis: 1-A. B. Port Cocar’s purchase price of KRW 875,00 ( KRW 350,000 + KRW 525,00)1]

Judgment on the punishment of forfeiture

Prosecutors seek confiscation of 1.5g(Evidence No. 1) of seized cocars.

In light of the following circumstances acknowledged by the evidence duly adopted and examined, i.e., (i) the consular investigator’s search and seizure request to the National Scientific Investigation Agency for urgent appraisal, and (ii) the investigator’s 2.6g (including plastic bags), 10g (including plastic bags), 2.6g (2.1g) of an empty vinyl (2.1g) of an empty vinyl (2.8g) of which the investigator’s request was made to the National Scientific Investigation Agency for 15:30 on December 12, 2017; and (iii) the Defendant’s 20g (2.8g) of an appraisal report prepared by the National Scientific Investigation Agency for 20g (2.4g) of an article subject to search and seizure are written as follows: (i) the Defendant’s 17g (20g) of an article subject to search and seizure.

If so, as seen earlier, as long as the cocars confiscated were fully consumed in the course of appraisal, they cannot be subject to confiscation (see Supreme Court Decision 2018Do15905, Dec. 27, 2018). As such, the prosecutor’s confiscation sentence is rejected.

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment of two years and six months to twenty-two years and six months; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) First offense (basic offense): Violation of the Act on the Control of Narcotics, etc. (narcotics) by December 5, 2017;

[Determination of Types] Narcotics Crimes: 02. Sales and good offices, etc. [Type 3] Narcotics, flapsya.

[Special Escopics] Reductions: Purchasing or receiving for medication, simple possession, etc.

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 5 years of imprisonment

(b) Second offense: Violation of the Act on the Control of Narcotics, etc. (narcotics) by November 26, 2017;

[Determination of Types] Narcotics Crimes: 02. Sales and good offices, etc. (Type 3) Narcotics; Raya (a), etc.

[Special Escopics] Reductions: Purchasing or receiving for medication, simple possession, etc.

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 5 years of imprisonment

(c) Third crime: Crimes of violation of the Act on the Control of Narcotics, etc. (narcotics) by using them;

[Determination of Type] 01. Medications, simple possessions, etc. (Type 4) narcotics, a perfutable item (a), etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor for one year to three years

(d) Scope of recommendations according to standards for handling multiple crimes: Imprisonment with prison labor for two years and six months from June to six months;

* In the case of attempted purchase, the sentencing criteria are not applied, so the sentencing criteria are set according to the lower limit of the range of sentence according to the sentencing criteria for the crimes on which the remaining sentencing criteria are set.

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months and four years of suspension of execution; and

[Lied circumstances] The Defendant recognized and seriously reflects his criminal act. There is no criminal and investigative experience except for the punishment of a fine for driving without a license. It is relatively clear that the social relationship is relatively clear, such as the Defendant’s family and branch members’ desire to take the action.

[Unfavorable circumstances] The instant crime is a crime committed by the Defendant by purchasing and using cocars over several occasions, and is a bad quality. Such narcotics-related crime is an offense that is highly likely to cause harm and harm not only to the Defendant but also to the society, due to its toxicity.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the environment, health conditions, period of the crime, and circumstances after the crime.

The presiding judge, Park Nam-cheon

Judges Trial

Judges Lee Jae-sik

1) In the case of the crime of using a cocar as set forth in Paragraph 2 of the holding, since the defendant used a cocar purchased as set forth in Paragraph 1-A(b) of the judgment of the court, its value shall not be collected separately.