2013Gohap1455 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Narcotics

The Control of Narcotics Act, the Control of Narcotics Act, or the Control of Narcotics, etc.

Violation of law (marijuana)

A

Kim Woo (Court of Prosecution) and Kim Delay (Court of Justice)

Attorney B (Korean National Assembly)

February 19, 2014

A defendant shall be punished by imprisonment for ten years.

The seized 0.1g (No. 1), one injection mark (No. 2), 0.2g (No. 3), philopon contained in transparent vinyl, 99.8g (No. 4), 100 philopon (No. 5 through 10, 16), 9.9g (No. 11 through 15, 18), 49.9g (No. 17), 5 philopon (No. 19), 1g (No. 20), 3 (No. 20), 1.5 glopon (No. 21), 3 (No. 20), 1.3gopon (No. 20), 207 gopon (No. 20), 207 gopon (No. 257 gopon), 207 gopon (No. 2547 gopon).

201,500 won shall be additionally collected from the defendant.

Criminal facts

On August 19, 2010, the Defendant sentenced the Incheon District Court to two years and six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Jinju Prison on November 2012.

1. Violation of the Narcotics Control Act;

The defendant is not a person dealing with narcotics, but shall not provide, administer, possess, etc. a psychotropic drug clocks (hereinafter referred to as "clickphones").

(a) Crimes of providing phiphones;

At around 13:00 on November 19, 2013, the Defendant: (a) went to Hong Kong at the Goyang-gu Goyang-gu Goyang Police Station near the Goyangyang-gu Incheon Metropolitan City, and (b) made it possible to enter China to bring 10km into Korea; (c) first, the Defendant entered Korea; (d) other persons after importing chophone from Hong Kong to Korea through Hong Kong, and (e) other persons to purchase chophonephones have already been determined at kg on the side of Busan and Incheon; and (e) the Defendant provided kg above trading to 10,000,000,000 won; (c) but (d) the Defendant provided 30,500,000 won with trust to 10,000 won; and (e) provided 30,500,000 won, 50,000 won, 50,000 won.

1) Accordingly, at around November 19, 2013, the Defendant, at around 21:30, contained approximately 0.1g of the philophone’s d’Ecopon’s d’Ecopic d’Ecopic d’Ecopic fluor, which had been possessed in the hands room in advance, in a single-time d’Ecopic d’Ecopic fluor.

2) At around 03:00 on December 06, 2013, the Defendant continued to provide C with approximately 0.2g of philophonephonephones contained in the plastic paper which had in advance been in the guest room located in Gamo-gu, Youngyang-gu, Youngdong-gu Felel Ho.

Accordingly, the defendant provided C with approximately 0.3g of philophones over twice.

(b) Crimes of medication of phiphonephones;

1) On December 6, 2013, the Defendant, around 02:30, 2013, included approximately 0.1g of philophones, which had been previously possessed in the above Gel room, in two for a single-use injection unit, and divided approximately 0.05g of philophones into two for a single injection unit, together with C, divided one for a single injection unit with a philophones, and administered philophones by means of injection with each of the following persons’ arms:

2) At around 20:00 on December 9, 2013, the Defendant administered philophones by means of infecting approximately 0.1g of philophones, which had been in advance in the above Gel room, together with C, about 0.05g in a 0.05g method, in the same manner as the above B-1).

2. Violation of the Act on the Aggravated Punishment, etc.;

At around 16:05 on December 10, 2013, the Defendant: (a) packaged approximately 654.6 g of philopon to the two futures boxes, distributed approximately 49.8 g and 154.8 g in a paper door; (b) sealed approximately 799.5 g of philopon into a futures box; (c) put it into a green shopping room, put it above the book; (d) put approximately 6.3 g of philopon into a box for storage in a open door; and (d) sealed approximately 6.3 g of philopon into a container for storage in a box; and (e) concealed it into the Defendant’s official approval color; and (e) sealed approximately 30.6 g of philopon into a pen; and (e) concealed it into a cover, respectively.

As a result, the Defendant possessed approximately KRW 1,491g (the retail amounting to KRW 4,970,00,000, wholesale amounting to KRW 1,192,800,00) in total of philophonephones.

3. A person who violates the Act on the Control of Narcotics, etc. (marijuth) shall not smoke marijuana or possess it for the purpose of smoking marijuana, but the accused treated it as follows:

(a) Crimes of smoking marijuana;

At around 22:00 as of the end of November 2013, the Defendant smoked marijuana in a way of smoking, after he received, without compensation, approximately 0.5g of marijuana leaves around 336-27, Dongducheon-ro, Dobcheon-ro, 336-27 (Lifetime-dong) from the person in secret.

(b) Crimes of marijuana;

At around 16:05 on December 10, 2013, the Defendant: (a) put 0.7g of marijuana leaves in the shape of a powder into a vinyl paper with a view to smoking in the lecture room; and (b) carried marijuana in a way of hiding it into the Defendant’s color front cover.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement to C and attachment of the e-mail content attached thereto to C, a place of transaction with A, a sampling photograph, etc.;

1. Investigative report (Attachment of philophone photographs), sampling photographs of philophonephones, investigation reports (Attachment of places of seizure, search and seizure and photographs of seized objects), places of seizure, photographs of seized objects and investigation reports (calculated as a surcharge);

1. Records of each seizure and photographs of seized articles;

1. Notification of the results of appraisal of each narcotics, etc. and written appraisal;

1. Attachment of a copy of a book estimating the sale of philophones, or a copy of a telephone camera pocketbook;

1. Previous records: Residential, criminal records, and investigation reports (written reports on the arrival of criminal records, Seoul High Court decisions, and current status of personal confinement);

Application of Statutes

1. Article applicable to criminal facts;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Aggravated Punishment, etc. of Narcotics, Etc., Articles 60(1)2, 60(1)2, and 4(1)3(b) of the Act on the Control, etc. of Narcotics, Etc., Articles 60(1)2, and 60(1)2, 60(1)3(b) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 30 of the Criminal Act, Article 11(2)1 of the Act on the Aggravated Punishment, etc. of Narcotics, Etc., Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control, etc. of Narcotics, Etc., Articles 61(1)4(a), and 3 subparag. 10(a) of the Act on the Control, etc. of Narcotics, Etc., and Article 61(1)4 and 3(b) of the imprisonment.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act: Provided, That the proviso of Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes is limited to the crime

1. Aggravation for concurrent crimes;

Punishment of concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act with severe penalty: Provided, That the upper limit of punishment shall be limited to the proviso of Article 42 of the Criminal Act)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Act on the Control of Narcotics, Etc.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for 10 years to 50 years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Base offence - Mass crimes of narcotics - Type 3;

(b) special sentencing - previous convictions of the same kind;

(c) Scope of recommendations on the sentencing criteria - Imprisonment with prison labor for up to 10 years up to 14 years;

3. Determination of sentence;

In full view of the fact that the Defendant committed each of the instant crimes during the period of repeated crime without being aware of the fact that the Defendant had been punished for the same kind of crime, and that the amount of penphones in possession of the Defendant for sale reaches a large quantity of 1.5 km and that there is a significant adverse effect on the society on narcotics crimes, etc., the Defendant may not be sentenced to a severe punishment.

However, the fact that the defendant was committed in the course of committing each of the crimes in this case shall be considered as favorable to the defendant. The defendant's age, character and conduct, family relationship, motive, circumstances after committing the crime, and other various sentencing conditions specified in the entire records and arguments shall be determined as ordered by the court.

The presiding judge, the senior judge;

Judge Kim Jae-han

Judges Kim Yong-nam

(i) 100,00 won for a two-time medication of oponon (the average nationwide level) x 2 times ＋ 1,500 won for each smoking of marijuana (the Seoul price per time);