2014Gohap434 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Public trial, such as indictment and ventilation, on the original land

Attorney B

May 16, 2014

1. The punishment of the accused shall be determined by two years and six months;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3. approximately 27.31g (No. 1) of the hemp plants confiscated and a pipe of the hemp plant (No. 3) shall be confiscated, respectively;

4. 1,500 won shall be collected from the defendant.

5. The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Criminal facts

1. Import of marijuana;

A. On August 30, 2013, the Defendant entered about 3g of marijuana into the Red Sea at Franch, even in the French Republic of Korea, even in the French Republic of Korea on August 30, 2013, and boarded it in the AAA027, starting from the port of providing Denish State in the Republic of Korea, even if it is hidden in its own panty state, and passed the Customs Search Team at the port of Incheon, around 14:50 on the same day.

Accordingly, the defendant imported marijuana.

B. On December 8, 2013, the Defendant demanded that the Defendant sent marijuana by calls from the Defendant’s sonC residing in the State even at the U.S. call, and around January 8, 2014, C entered approximately 27.31g (No. 1) in the U.S. call, even at the port of Denber State, and then packages it as “A,” and then sent the place of receipt by international mail, stating as “Unit 15254 Bax 241, the address of the Defendant’s U.S. military unit,” and the said postal item arrive at the port of Denber State of Incheon at around January 19, 2014, at around 15:00.

Accordingly, the defendant imported marijuana in collusion with C.

2. Smoking marijuana;

On January 1, 2014, the Defendant put approximately 0.5g of marijuana imported in glass pipes (Evidence No. 3) from the Defendant’s house of Yongsan-gu Seoul Metropolitan Government No. 103 Dong-gu, 3402, and 0.5g of marijuana imported as described in paragraph 1-A, and inhaled it.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure by public prosecutor;

1. Investigation report (verification of the flight of a suspect on March 30, 2013) and investigation report (calculated additionally);

1. Reporting on exposure to, and reporting on, detection of, marijuana 27.31g by the U.S. military post office, response results from analysis, a letter of request for an inspection of a uried and simplified reagents, narcotics appraisal, each appraisal report, each appraisal document, a copy of invoice, a photograph of mail boxes, a copy of a receipt of mail, and a cellular phone text message;

Application of Statutes

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

Article 58(1)5, and Article 3 subparag. 7 of the Narcotics Control Act (the point of import of marijuana on August 30, 2013, the choice of limited imprisonment types), Article 58(1)5, and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (the point of import of marijuana on January 19, 2014, the choice of limited imprisonment types), Article 61(1)4 (a) and Article 3 subparag. 10 (a) (the point of smoking marijuana and the choice of imprisonment) of the Narcotics Control Act

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso to Article 42 of the Criminal Act [the aggravation of concurrent crimes with punishment provided for in the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.)]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following 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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

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

(a) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) by importing marijuana;

(i) Determinations of types: Narcotics, Export, Import, Manufacture, etc., Type II (mariju, flac.);

(ii) Determination of the recommended territory: Basic territory;

3) Scope of recommendations: Imprisonment with prison labor for up to four years;

(b) Violation of the Act on the Control of Narcotics, etc. by smoking marijuana;

(i) Determination of types: Narcotics, medication, simple possession, etc., Type II (mathma, d. and e.);

(ii) Determination of the recommended territory: Basic territory;

(iii) the scope of recommendations: Imprisonment for up to one year and six months;

(c) Application of standards for handling multiple crimes: The sum of 1/2 of the upper limit of the sentence range of the crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by the import of marijuana on January 19, 2014, which are the basic crimes between two years and six years and six months, plus 1/3 of the upper limit of the sentence range of the crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by the import of marijuana on August 30, 2013, and 1/3 of the sentence scope of the crimes of violation of

2. Determination of sentence;

Since the act of importing narcotics, especially narcotics, is highly likely to cause serious social harm, it is necessary to strictly punish them.

However, the defendant is the first offender, and all of the facts charged of this case are contradictory to the defendant, and the defendant has undergone more than 10 times due to traffic accidents in the middle of the 1970s, and the organization of the skin was destroyed due to the aftermath of the 1970s, and due to severe pains, and thus smoking the marijuana through a doctor's solicitation in the United States for the purpose of relaxing its pains, and there was no thought to distribute the marijuana during the time, and even if the defendant was residing in the United States, the fact that the marijuana is legally distributed and consumed in the State shall be considered as favorable to the defendant.

The punishment shall be determined in consideration of all the circumstances shown in the arguments of this case, such as the age, character and conduct, environment, means and result of the crime, circumstances after the crime, and the fact that the defendant has actively participated in volunteer service activities in the Republic of Korea as a civilian military employee of the United States Armed Forces.

The transfer of judge and judge

Judges Kim Dong-dong

Judges Guide-in