2017Gohap495 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

A

Kim Jong-sung (prosecution) and Kim Jong-mal (Trial)

Attorney B (Korean National Assembly)

July 13, 2017

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

A seized son (Evidence No. 3) shall be forfeited from the defendant.

3,180,000 won shall be additionally collected from the defendant.

Criminal facts

No person shall trade or smoke marijuana, or receive, keep, deliver, or administer psychotropic drugs, other than a person handling narcotics.

Even if the Defendant is not a person handling narcotics, the Defendant dealt with marijuana and psychotropic drugs MMA (hereinafter referred to as "EXP") as follows:

1. Acceptance of marijuana and X-how;

On July 1, 2016, around 02:0, the Defendant received, without compensation, approximately 3g of marijuana, which is contained in the X-mail and vinyl shot in the form D in his own dwelling located in Seongdong-gu Seoul Metropolitan Government 109, 402.

Accordingly, the Defendant received marijuana and X-mail.

2. Receipt of marijuana;

A. At around 01:00 on April 201, the Defendant received, without compensation, approximately 3g of hemps contained in vinyl boms from D in the residence of the above Defendant.

B. Around 06:00 on October 22, 2016, the Defendant provided F with 2g of marijuana free of charge at the F’s residence located in Seongdong-gu Seoul E, 107 Dong 1404.

Accordingly, the defendant received marijuana over two times.

3. Sale and purchase of marijuana;

On August 8, 2016, around 06:00, the Defendant paid KRW 2,00,000 as the purchase price for marijuana at the front line of Hju located in Gangnam-gu Seoul Metropolitan Government, and received approximately 11:00,000 from D in the residence of the above Defendant at around 11:0 after around 5 days.

Accordingly, the defendant purchased marijuana.

4. Attempted sale and purchase of marijuana and X-how; and

On December 10, 2016, the Defendant: (a) promised to purchase marijuana and X-mail from D to transfer KRW 1,500,000 to the new bank account in the name of D; and (b) on October 30, 2016, the Defendant was arrested by D to the police and did not receive marijuana and X-mail on October 30, 2016, while he intended to receive approximately 28g of marijuana and five of the X-si from D in the residence of the said Defendant.

Accordingly, the defendant did not have intended to purchase marijuana and X-gu, but did not have attempted.

5. Smoking in marijuana.

A. At around 07:00 on the same day as paragraph 2(a) of this Article, the Defendant, at around 07:0, deducted the tobacco tobacco tobacco plant at the above Defendant’s residence, put them into a fluoral marijuana, and smoked once by attaching the smoke to the rash.

B. On May 7, 2016, at around 16:41, the Defendant smoked marijuana in collaboration with the J in a manner that, in the residence of the J located in Gangnam-gu Seoul apartment complex 101, 501, the Defendant put it into the “one-name string string, a string machine for smoking marijuana, which is a tool for smoking marijuana, in favor of water-bearing, and attached it to the J along with the string.

C. At around 07:00 on the same day as paragraph (1) of this Article, the Defendant smokeed once, using the same method as the above paragraph (a) at the residence of the above Defendant.

D. On August 1, 2016, around 01:00, the Defendant, at around 01:0, smoked marijuana jointly with L in a manner that makes it possible for the Defendant to set the fluencies of the fluenent marijuana above the drinking house at the seat of the L, which is located in Gangnam-gu Seoul, Seoul, to set off the fluened hemp, puts off the fluened marijuana on the part of the drinking house, puts off the fluened beverage, and stop as soon as possible.

E. On September 1, 2016, the Defendant smoked from around 06:0 to October 06:00, 2016, in the same manner as the above paragraph (a) in the Defendant’s residence, and in the same manner as the above paragraph (a) on four occasions.

F. At around 06:00 on October 22, 2016, the Defendant smoked marijuana tobacco made by the same method as that of the above paragraph (a) in F’s residence, and smoked in F, jointly with F.

As a result, the Defendant, together with J, smoked on a one-time basis, together with L, once together with L and F, once, and 6 times by himself.

6. X-type medication;

The Defendant, as described in paragraph (1), 3 to 4 days after the date on which X-gu is received from D, and 23 to 00 days after the Defendant left the above Defendant’s residence at the rate of e.g., alcohol together with water.

In this respect, the Defendant administered an X-si.

7. Safekeeping of marijuana;

On October 29, 2016, the Defendant, at around 14:45, kept clicks, which contained approximately 5.03 g of marijuana, in the table located in the ward located in the dwelling space of the above Defendant, on October 29, 2016.

Accordingly, the defendant kept marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against L, J, or D;

1. A copy of the investigation report, a copy of each appraisal report, each investigation report, and each narcotics appraisal report;

1. Protocols of seizure, respective lists of seizure, and photographs of seized articles;

1. Seoul Central District Court Decision 2016 High Court Decision 1170

Application of Statutes

1. Article applicable to criminal facts;

Articles 61(1)6, 4(1)2 (the point of receipt and storage of marijuana), 60(1)2, and 4(1)1, Article 2 subparag. 3(b) (the point of receipt and delivery of an X-how and the point of medication) of the Narcotics Control Act, Articles 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply), Articles 59(1)7 and (3), 3 subparag. 9 (the point of sale of marijuana) of the Narcotics Control Act, Articles 60(1)2, and 4(1)1, Article 2 subparag. 3(a) of the Narcotics Control Act, Article 60(1) and (3) of the Act on the Control of Narcotics, Etc., Article 60(1)2, and (3), Article 4(1)3(a) and (1) of the Act on the Control of Narcotics, Etc.

1.Commercials.

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. (flavoence) and the violation of the Act on the Control of Narcotics, etc. (flavoring) due to the use of, and the violation of the Act on the Control of Narcotics, etc. (flavoring), and the punishment on the violation of the Act on the Control of Narcotics, etc. (flavoring) due to, the use of, and the attempted sale of, the X posters, and the punishment on the violation of the Act on the Control of Narcotics, etc. (flavoring) due to, the use of, and the attempted sale of, marijuana on July 2016).

1. Selection of punishment;

Each of the crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by giving and receiving marijuana, smoking or keeping, and each of the crimes of violation of the Act on the Control of Narcotics, etc. (e.g., malition)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, and Article 38 (1) 2 of the Act on the Control of Narcotics, etc. (Concurrent Crimes in Punishment of Narcotics, etc.)

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 consideration of favorable circumstances among 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

[Basis for calculation of a surcharge] Total 3,180,000 won

As stated in Paragraph (1) of Paragraph (1) of the holding, the value of the given X-si shall not be collected in addition because the value of the given X-si is not specified.

0. Acceptance and delivery of marijuana 3g in Paragraph 1 of the holding: 300,000 won (=10,000 won per marijuana 1g price x 3g)

○ Acceptance of the 3g mariana of No. 2 of the Decision 2: 300,000 won (=10,000 won for cancer trade per 1g of marijuana x 3g)

○ Sub-paragraph 2(b)(b)(b)(b)(b)(b)(2g(b)(b)(2)(b)(2)(b)(2)(b)(2)

○ Decision 3: 94,00 won [= 2,00,000 won for marijuana 10gs - 5.03gs 1,006,000 won for the purchase of 5.03gs - confiscated and consumed for the appraisal (= 2,000,000: 10g X5.03g)];

○ Attempts to purchase 28g of hemp 28g, X-si: 1,500,000 won remitted to the purchase price.

○ Smokings in paragraph 5(a) of the judgment: The same shall not apply to duplicate collection as it smokes marijuana received as specified in paragraph 2(a) of the judgment.

0. Smoking in Port 5-B (b) : 3,000 won (=the price for the one-time smoking cancer transaction for marijuana)

○ Smoking in Section 5(c) of the holding: Since the relevant part smokes the marijuana received as stated in paragraph 1 of the holding, it shall not be collected in duplicate separately.

○ Smoking in the Port 5’s holding: 3,000 won (i.e., the price for the transaction of smoking for marijuana once)

○ Smoking of marijuana No. 5(e) and (f) of the holding: Since this part smokes marijuana purchased as stated in paragraph 3, it shall not be collected in duplicate separately.

○ Paragraph 6 of the Decision: 80,000 won (i.e., price for cancer transaction once per X-gu)

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than two years and not more than six months;

2. Scope of recommended sentences by applying the sentencing criteria: Imprisonment with labor for not less than six months;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (referring to crimes No. 1) due to giving, receiving and medication X-hows;

【Scope of Recommendation】

Type 3 (flaging, item (b) and (c)) of the mitigated area (6 months to one year and six months).

【Special Convicted Persons】

○ Reduction element: Important investigation cooperation

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (math 2 Crimes) through the trade of marijuana;

【Scope of Recommendation】

Type 2 (marijus, flags, c., etc.) and special mitigation areas (4-1-6 months and 6 months), such as trade mediation, etc.

【Special Convicted Persons】

○ Reduction element: Purchase for medication, simple possession, etc., and important investigation cooperation. Offense of Violation of the Act on the Control of Narcotics, etc. (mariana) due to smoking in marijuana (the third crime) is committed.

【Scope of Recommendation】

Types 2 (math (math, 6-10 months) for medication, simple possession, etc.

【Special Convicted Persons】

○ Reduction element: Important investigation cooperation

(d) The offense of violation of the Act on the Control of Narcotics, etc. (fence) due to the attempted sale and purchase of X-how and the offense of violation of the Act on the Control of Narcotics, etc. (mariage) due to the attempted sale and purchase of marijuana:

(e) Results of standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (limited to the lower limit of the range of recommended sentences for crimes to which the sentencing criteria apply, since they are concurrent crimes with those to which the sentencing criteria apply);

3. Determination of sentence: Ten months of imprisonment with prison labor, two years of suspended sentence, crimes related to narcotics, etc., are harmful to national health or cause another crime, have a significant negative impact on the society as a whole due to their halluity and toxicity, etc., and require strict countermeasures due to high risk of recidivism, and are disadvantageous to the defendant. The amount of marijuana traded and received by the defendant, and the number of smoking times is significant.

However, the fact that the defendant purchases and sells, gives and receives marijuana or X-mail for the purpose of simple smoking and medication, and that the defendant actively cooperates with the investigation by selling, receiving marijuana or X-mail and helping the defendant arrest and arrest of D in the course of investigation, etc. The defendant is a first offender who has no record of criminal punishment and reflects his/her behavior in depth, and that the defendant is under medical treatment by voluntarily going to a hospital, is favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong