2017Gohap157, 722(combined) Narcotics Control Act (the Act on the Control of Narcotics, etc.) and narcotics, etc.

Violation of the Management Act, Narcotics Control Act, etc.

Violation of the Act (Narcotic Drugs)

A

Kim Sung-sung (prosecution) and a user group (public trial)

Law Firm B, Attorneys C, and D

Law Firm E, Attorney F

September 1, 2017

A defendant shall be punished by imprisonment for two years.

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

The defendant shall be subject to probation for two years and shall be ordered to take an 40-hour pharmacologic treatment course.

2,100,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

The defendant is not a person handling narcotics, who is engaged in DJ activities and performance planning.

"2017 Gohap157"

1. Around 00:30 on July 3, 2016, the Defendant purchased approximately KRW 28g (1 temperature) for marijuana from the name-based J (K and L) in cash within the limit of one vehicle stopped at a bus stops in the bus stops in front of H hotel located in Gangnam-gu Seoul Metropolitan Government G, and KRW 2 million.

2. 피고인은 2016. 7. 3. 저녁 무렵 서울 강남구 M, 524호에서 위와 같이 매수한 대마 중 약 1g을 동그랗게 말은 담배 은박지 안에 넣어 담배처럼 말아 흡연하는 방법으로 대마를 1회 흡연하였다.

3. On September 1, 2016, around 02:30 (hereinafter referred to as “in-house view of Thailand”) the Defendant smoked marijuana once by attaching approximately 0.5g (per 1 cost amount of marijuana tobacco) to the 'O’ clubs located in Thai City N in Thai City, Thailand, in a string manner.

4. At around 03:00 on September 1, 2016, the Defendant, along with P, Q, R, and S, drinked MDMA (hereinafter referred to as “EXP”) which is a medicine for psychotropic spirit at the above P, Q, R, and S, respectively.

In this respect, the Defendant administered X-Paos jointly with P, Q, R, and S.

5. On September 1, 2016, at around 03:30, the Defendant, along with P, Q, R, and S, posted each of 0.02 g of Cocar at the above 'O' clubs on the backcoming rain, and inhaled coco.

Accordingly, the Defendant used Cocar jointly with P, Q, R, and S.

"2017Gohap722"

1. Smoking marijuana;

On July 3, 2016, from around 01:00 to around 02:00, the Defendant left approximately 0.5g of marijuana along with P at the Defendant’s BMW car parked in the Gangnam-gu Seoul Metropolitan City Ttel parking lot on the gambling site, attached the stop on the gambling site, and dices dyp and dyped.

Accordingly, the Defendant smoked marijuana jointly with P.

2. Purchase of X-how and marijuana;

At around 02:00 on September 1, 2016, the Defendant purchased approximately 1g of hemp and 2.5 hours at the EXP from employees in non-name books, together with P, Q, R, S, etc., about 3,000 U.S. (Korean Won KRW 100,000).

Accordingly, the Defendant purchased marijuana and X-gu in collusion with P, Q, R, and S.

Summary of Evidence

"2017 Gohap157"

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of R, S, and Q;

1. Copy of the statement made to I by the police;

1. Records of seizure and the list of seizure;

1. Results of inquiries into the details of each currency (number 5, 6) and the cans, results of ions, and certificates of narcotics appraisal;

1. Each investigation report (No. 23 and 24 No. 5 of the evidence list);

"2017Gohap722"

1. Defendant's legal statement;

1. Each prosecutor's statement of P;

1. The current status of each individual's entry into and departure from Korea (No. 7 and 8 No. 1100

1. Seizure records;

1. A letter of request for appraisal;

1. Investigation report (No. 28 No. 5 of the evidence list);

Application of Statutes

1. Article applicable to criminal facts;

Article 59(1)7, Article 3 subparag. 7 of the Narcotics Control Act (the purchase of marijuana in the case of 2017 high-class 157), Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act (the point of the smoking of the case of 2017 high-class 157), Article 60(1)2 and Article 4(1)3(b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the point of the purchase and administration of MMA), Article 60(1)1, Article 3 subparag. 1, and Article 2 subparag. 2(c) of the Narcotics Control Act (the point of the purchase of marijuana in the case of 2017 high-class 157), Article 61(1)4(a) of the Act on the Control of Narcotics, Etc., Article 30(1)4(a) and Article 30 subparag. 27(1) of the Criminal Act (the Purchase of Narcotics Act)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment on the violation of the Act on the Control of Narcotics, etc. (mathal) and the violation of the Act on the Control of Narcotics, etc. (mathal) and the punishment on the violation of the Act on the Control of Narcotics, etc. (the mathal) with heavy punishment)

1. Selection of punishment;

In each choice of imprisonment with prison labor for the remaining crimes except for the crimes of violation of the Narcotics Control Act, etc. ( marijuana) due to the purchase of marijuana.

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Act on the Aggravated Punishment, etc.) due to the Purchase of Cannabis in the case of the

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Orders for probation and education;

Article 62-2 (2) and (1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (the grounds for calculating the amount of additional collection shall be the same as the attached Form)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Reference to the sentencing criteria;

[Types 2, i.e., marijuana, native item (b) and (c), etc.) such as, trade mediation, etc. for the narcotics whose category is determined.

[Special Convicted Persons]

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

2. Determination of sentence;

The main content of the instant crime is to purchase marijuana and MMA, and smoke or administer it with or without other persons several times, and in light of the frequency of the instant crime, the type and quantity of the narcotics purchased, etc., the nature and circumstances of the relevant crime are not less exceptionally.

However, the defendant did not have any criminal history except once the suspension of indictment, and actively cooperate in the investigation, such as informing the accomplice who smoked marijuana in detail with him/her of the narcotics crime.

In addition to these various circumstances, in consideration of the various circumstances shown in the records and pleadings such as the defendant's age, character, conduct and environment, motive and consequence of the crime, circumstances after the crime, etc., the sentence is determined as ordered and the execution of the sentence is suspended, but special matters to be observed (the probation officer's instructions on medication of narcotics, smoking, and taking in) are imposed to prevent recidivism.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

1) Each of the crimes of No. 2 of the Decision 2017Gohap72 in the case against the Defendant does not present a separate handling method in the sentencing guidelines in relation to the commercial competition. However, among each of the crimes in the judgment, the recommended sentence is indicated by reference on the basis of the crime of violation of the Act on the Control of Narcotics, etc. (mariana) due to the purchase of marijuana, the

A person shall be appointed.