2017Gohap748A. Violation of the Narcotics Control Act (narcotics)

(b) Violation of the Narcotics Control Act;

1. (a) A;

2. B

3.(a)(b) C

Kim Chang-seop (Lawsuits) and Qhoap (Trial)

Law Firm D (for Defendant A)

Attorney E

Attorney F (Korean National Assembly for Defendant B)

Law Firm G (for Defendant C)

Attorney H, I

August 24, 2017

Defendant A shall be punished by imprisonment of one year and two months, by imprisonment of ten months for Defendant B, and by imprisonment of one year for Defendant C.

However, the execution of each of the above punishment against the Defendants is suspended for two years from the date this judgment became final and conclusive.

To order the Defendants to take 40 hours of pharmacologic treatment.

7,000 won in collaboration with Defendant A and B, and 7,000 won in collaboration with Defendant A and C, and 6,000 won from Defendant A, and 180,000 won from Defendant B, and 3,000 won from Defendant C shall be collected respectively.

To order the Defendants to pay an amount equivalent to the above additional collection charges.

Criminal facts

1. Joint criminal conduct by Defendant A and Defendant B

(a) Purchase and smoking of marijuana from July 10, 2016;

around July 10, 2016, the Defendants, at the residence of the Seoul Gwanak-gu Seoul Special Metropolitan City J, 102, provided 150,00 won to K and, in return, provided approximately 1g of marijuana to the pipe made of Aluminum aluminium, added me with the me to dynasium, and dye it.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(b) Purchasing and smoking marijuana from July 17, 2016;

around July 17, 2016, the Defendants provided 150,000 won to K at the residence of K as described in paragraph 1(a), and as a result, they provided approximately 1g of marijuana to the pipe made of Aluminum aluminium in return, and flow the said marijuana into the pipe made of Aluminum aluminium, attach the fire, and smoke.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(c) Purchasing and smoking marijuana from July 29, 2016;

around July 29, 2016, the Defendants provided 150,000 won to K at the residence of K as described in paragraph 1(a), and as a result, they provided approximately 1g of marijuana to the pipe made of Aluminum aluminium in return, and flow the said marijuana into the pipe made of Aluminum aluminium, attach the fire, and smoke.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(d) Purchase and smoking of marijuana on August 3, 2016;

around August 3, 2016, the Defendants provided 150,000 won to K at the residence of K as stated in paragraph 1(a), and as a result, they provided approximately 1g of marijuana to the pipe made of Aluminum aluminium snife, and dying it by attaching the fire to it.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(e) Purchase and smoking of marijuana around September 11, 2016;

around September 11, 2016, the Defendants provided 150,000 won to K at the residence of K as stated in paragraph 1(a), and as a result, they provided approximately 1g of marijuana to the pipe made of Aluminum aluminium in return, and flow the said marijuana into the pipe made of Aluminum aluminium, attach the fire, and smoke.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(f) Smoking marijuana on December 2016.

On December 2, 2016, the Defendants drank the marijuana 0.3g, purchased by Defendant B, on the marijuana inhales made of peties, as described in paragraph (5), at a play in Gangnam-gu Seoul, Gangnam-gu. The Defendants dye and dye it by attaching a fire.

Accordingly, the Defendants conspired to smoke marijuana.

2. Joint criminal conduct by Defendant A and Defendant C

(a) Purchasing and smoking marijuana from December 25, 2016;

The Defendants, around December 25, 2016, sent 7,00 won to the Chinese in front of that Chinese on the road in which they are injured by China, 2 cigarettes containing approximately 0.5g of marijuana in return, and dump the two cigarettes around January 1, 2017.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(b) Smoking marijuana in January 16, 2017;

around January 16, 2017, Defendants n, together with N, have dice approximately 0.5g of marijuana on the P hotel near Yongsan-gu Seoul, Yongsan-gu, Seoul, with two cigarette paper, and dye it by attaching a fire.

As a result, the Defendants smoked marijuana in collusion with N.

3. Defendant A’s crime;

(a) Medicationon December 26, 2016;

On December 26, 2016, the Defendant, at C’s music work room located on the 7th floor of the building in which the Defendant was injured by China, made the cocar’s fluorous volume of narcotics, and inhaled them into coaches.

Accordingly, the defendant administered ccars even though he is not a narcotics handler.

(b) cocar medication on January 1, 2017;

On January 1, 2017, the Defendant, at M toilets No. 2(A), made cocars’ in a lux and inhaled cocos.

Accordingly, the defendant administered ccars even though he is not a narcotics handler.

(c) cocar medication on January 2, 2017.

On January 2, 2017, the Defendant, from the music loss of C, set forth in paragraph 3(a) of the new wall around January 2, 2017, made cocars' in a crocum and inhaled them.

Accordingly, the defendant administered ccars even though he is not a narcotics handler.

4. Defendant C’s crime

(a) Medicationon January 1, 2017;

The Defendant, on January 1, 2017, made ccarman’s fire in M toilets listed in paragraph 2(a) of Section 2 of the P.M. 1, 2017.

Accordingly, the defendant administered ccars even though he is not a narcotics handler.

(b) Medicationon April 2017.

On April 2017, the Defendant, on the first half of the new wall 2017, made cocar fire in M toilets listed in paragraph 2(a) of the 2017.

Accordingly, the defendant administered ccars even though he is not a narcotics handler.

5. The suspect B's crime.

On December 2, 2016, the Defendant: (a) laid 180,000 won around the construction site around the site as instructed by the hemp seller, which was known to him through the Internet in Incheon, and (b) held approximately 1g of marijuana, concealed by the winners of the above name in return.

Accordingly, the Defendant traded marijuana.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. An interrogation protocol of the N by the prosecution;

1. Statement by the prosecution of Q;

1. Written appraisal of narcotics;

1. A report on investigation (calculated additional charges);

Application of Statutes

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

(a) Defendant A: Articles 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016; hereinafter referred to as the “former Narcotics Control Act”); Article 30 of the Criminal Act (the trade of marijuana as specified in paragraphs (a) through (e) of the same Article); Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act; Article 30 of the Criminal Act (the trade of marijuana as specified in Article 30(1)4 (a) and 3 subparag. 10 (a) of the Criminal Act); Article 61(1) and Article 3 subparag. 10 (1) of the Criminal Act; Article 60(1)1 and Article 3 subparag. 1 of the Narcotics Control Act (the appointment of imprisonment with prison labor);

(b) Defendant B: Articles 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act, Article 30 of the Criminal Act (the trade of marijuana as stated in paragraphs (a) through (e) of the same Article), Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act (the trade of marijuana as stated in paragraph (5) of the same Article), Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act (the occupation of smoking and the choice of imprisonment);

(c) Defendant C: Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act (the point of smoking marijuana and the choice of imprisonment), Article 60(1)1 and Article 3 subparag. 1 of the Narcotics Control Act (the point of smoking marijuana and the selection of imprisonment); Article 60(1)1 and Article 3 subparag. 1 of the Act on the Control of Narcotics, Etc.

1. Aggravation for concurrent crimes;

(a) Defendant A: 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 crime of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") due to the trade of marijuana around 25, 2016, with the largest

(b) Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment due to a violation of the Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, etc.) due to the trade of marijuana in early December 2016, 201)

(c) Defendant C: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Aggravated Punishment, etc. of Narcotics, Etc.)

1. Discretionary mitigation;

Defendant B: Articles 53 and 55(1)3 of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Suspension;

Defendants: Article 62(1) of the Criminal Act (General Considerations favorable to the Reasons for Sentencing below)

1. Order to attend lectures;

Defendants: each of the Defendants under Article 62-2 of the Criminal Act

1. Additional collection:

Defendants: The proviso of Article 67 of the Narcotics Control Act

【Calculation of Additional Collection Amount 1】

(a) Defendant A: 7,00 won for marijuana purchased (750,000 won for the purchase of marijuana listed in paragraphs (a) through (e) of Article 1 at the time of the market sale (150,000 won x 5) + 7,000 won for the purchase of marijuana listed in paragraph (a) of Article 2 at the time of the market sale) + 6,000 won for the value of marijuana smoked (3,000 won for the purchase of marijuana listed in paragraphs (f) and (2) at the time of the market sale)

(b) Defendant B: 930,000 won for marijuana purchased (750,000 won for the purchase of marijuana listed in paragraphs (a) through (e) at the time of the market sale (150,000 won X5) + 180,000 won for the purchase of marijuana listed in paragraph (5)

(c) Defendant C: 7,00 won for the purchase of marijuana as stated in the judgment of the court below + 3,000 won for each marijuana as stated in the judgment of the court below 2-b.

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences: one year to 45 years from the imprisonment of each of the Defendants.

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

A. Defendant A

(a) Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (narcotics) ; and

[Determination of Types] 4 Medication, Simple Possession, etc. (Narcotic drugs, flag (a).)

【Special Convicted Person】

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

2) Results according to the guidelines for handling multiple crimes: Imprisonment with prison labor for one year to five years;

B. Defendant B

1. Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (mariana) by the sale and purchase of marijuana;

[Determination of Types 2] Trading, arranging, etc. of Narcotics (mariju, flagb (b) and (c) of Narcotics)

[Special Mitigation] Purchasing or receiving for simple possession of medication

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months to 1 year and 6 months;

2) Results according to the guidelines for handling multiple crimes: Imprisonment with prison labor for up to two months from August;

C. Defendant C.

1. Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (narcotics) ; and

[Determination of Kind] Simple Possession, etc. of Medication 4 (Narcotic drugs, flappy (a).)

【Special Convicted Person】

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

2. Second concurrent crime: the crime of violation of the Act on the Control of Narcotics, etc. (mariana) by smoking marijuana; and

[Determination of Types] 2 Medications (marijus, flag (d) and (e), etc.) for Medications.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 months to 1 year and 6 months;

3) Results according to the guidelines for handling multiple crimes: Imprisonment with prison labor for one year to five years.

3. Determination of sentence;

[Unfavorable circumstances] Crimes related to narcotics are not easy to detect due to their characteristics, and there is a high risk of recidivism, and there is a negative impact on society as a whole due to the cryptability, toxicity, etc. The Defendants purchased and smoked marijuana over several occasions, and Defendant A and C additionally administered cocars. In light of the specific contents and frequency of the crimes, it is necessary to punish the Defendants strictly.

[I] The Defendants are seriously against their own mistake, and there is no record of being punished for a criminal act prior to the instant crime. The Defendants again endeavor to prevent recurrence while trying not to commit a narcotics-related crime, and appeal against the Defendants’ family members as well as to lead the Defendants.

In addition, the defendants' age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

Support for judges' organization

1) With respect to the smoking part of marijuana purchased by the Defendants, no additional collection is made, and the price cannot be calculated as the cocar’s quantity is not specified.