2017Mohap599 Narcotics Control Act, etc. (mariana) and narcotics control officials

Violation of the Korean Law (Narcotic Drugs)

A

Kim Jong-sung (prosecution) and Kim Jung-il (Trial)

Law Firm (B)

Attorney C

August 24, 2017

A defendant shall be punished by imprisonment for one year.

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

293,760 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay an amount equivalent to the above additional collection charge.

Criminal facts

Even if the Defendant is not a narcotics handler, he treated the nose and marijuana as follows:

1. Receipt of marijuana;

On December 2, 2015, at around 22:00, the Defendant received approximately eight marijuana tobacco free of charge from F before the E frequency located in Incheon D.

Accordingly, the defendant accepted marijuana.

2. Smoking marijuana;

On March 18:00 of March 2016, the Defendant, at around 18:00 of Gangnam-gu Seoul, posted one marijuana tobacco from G driving 2MW M3 rapidly, which was set to the Gangseo-gu, Gangnam-gu, Seoul, as a Gangseo-gu, Gangnam-gu, Seoul, with a stringter, attached one marijuana tobacco to G, F, and dice the postponement.

Accordingly, the Defendant smoked 1) marijuana in collusion with G and F.

3. Acceptance of coaches;

On April 2016, the Defendant received approximately 1g of 15:0 from around 15:00 to around 16:00, Cheongju University parking lot, which had been in possession of F, and delivered it without compensation to the Defendant.

Accordingly, the defendant accepted cocars.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against F, I, and G;

1. Each investigation report (Evidence List 21, 30);

1. Each written judgment (list of evidence 23,27);

Application of Statutes

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

Articles 61(1)6 and 4(1)2 of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016); Articles 61(1)6 and 61(1)2 of the same Act (amended by Act No. 14019, Feb. 3, 2016); Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act; Article 30 of the Criminal Act (amended by Act No. 1401, Feb. 3, 201); Articles 59(1)9, 4(1)1, and 2 subparag. 2(d

1. Aggravation of concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of adding up the long-term punishments for crimes of violation of the Act on the Control of Narcotics, etc. (Narcotic Drugs) with the largest punishment) of the Criminal Act

1. Suspension of execution;

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

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

- 8 pieces of marijuana, equivalent to 0.8gs per 0.8g, 6.4gs x 40,800 won per 1 gram as described in paragraph 1 of the holding = 261,120 won

- 1 marijuana 0.8 g. X 1 x = 40,800 won per gram as described in paragraph 2 of the holding = 32,640 won

- Cocars shall not be collected additionally because their value cannot be computed;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for one year to 40 years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (narcotics) by a Cocar waterway as indicated in the judgment;

[Determination of Type] Narcotics Criminal Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

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

(b) Concurrent crime 1: A crime of violation of the Act on the Control of Narcotics, etc. (mariana) due to marijuana waterways as indicated in

[Determination of Type] Narcotics Criminal Group, Medication, Simple Possession, etc. (ma) 2 types (mathma, math (ma), etc.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Basic Area)

(c) Concurrent crimes 2: Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) by smoking marijuana as indicated in the judgment;

[Determination of Type] Narcotics Criminal Group, Medication, Simple Possession, etc. (ma) 2 types (mathma, math (ma), etc.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Basic Area)

(d) Scope of recommended sentences based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to four years.

3. Determination of sentence;

In light of the fact that narcotics-related crimes are likely to have a serious adverse effect on society as a whole, such as not only avoiding the body and mind of an individual but also impairing the national health or inducing other crimes, etc., and that the defendant's crime is not less complicated, such as receiving cocars and marijuana or smoking marijuana, etc., it is inevitable to punish the defendant corresponding to the quality of the crime.

However, in light of all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, family environment, motive for the crime and circumstances before and after the crime, etc., the punishment shall be determined as ordered in consideration of the fact that the defendant is deemed to have led to the confession of all of his/her crimes and reflects against himself

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young

1) Although the facts charged are stated as ‘joint', it seems that it is a clerical error of ‘public offering'.

2) As of March 2017, a nationwide average retail price (Evidence No. 395 pages) is the same (Evidence No. 395 pages), and the market price as of the closing date of the instant pleading is also presumed to be the same. The same applies hereinafter.