2013 Highest 2967 Violation of the Act on the Control of Narcotics, etc. ( natives)

A person shall be appointed.

Han Sang-le (Lawsuits) and Yellowia (Trial)

Law Firm K Partners, Attorney Final Sang-hoon

December 6, 2013

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant shall be subject to probation and shall be ordered to provide community service for 200 hours.

15,000 won shall be additionally collected from the defendant.

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

Criminal History Office

The defendant is not a person handling narcotics.

On October 29, 2012, at around 30:30, the Defendant used the psychotropic drugs, which were psychotropic drugs that were saved in the way of influence, in a fluent manner before, and influencies of B’s operation in Ulsan-gu, Ulsan-gu, Seoul-do, by melting them to coffee beverages.

Summary of Evidence

1. Witness B and D each legal statement;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. A written request for appraisal;

[The defendant also recognized the fact that he saw a coffee to B, and as long as the stroke-m is found in the coffee, it can be recognized that the defendant contained the stroke-m in the stroke-m in the coffee.

B Since he dices immediately after receiving the above coffee from the Defendant, if the Defendant did not put the above coffee, it would be meaningful that he was either strokeed or strokeed after being strokeed or strokeed. However, in light of the fact that this type of coffee was unlikely to have been included in the stroke, and that B showed a stroke different form from that of the stroke, it seems that B appears that it was possible that B was strokeed after the stroke and stroke was stroke. Moreover, considering that B was deemed to have strokeed, it was difficult to punish the Defendant by taking into account the fact that the Defendant reported the instant crime under the circumstances where it was impossible to find the Defendant stroke because B was unaware of the Defendant’s personal information, and that there was no motive to punish the Defendant by making a false report.

In addition, since the defendant was a single customer who was operated by B, the defendant does not seem to have been satisd about the sight of B, which made the said coffee.)

Application of Statutes

1. Relevant Articles of criminal facts;

Article 61(1)5, Article 4(1)1, and Article 2 subparag. 3(d)1 of the Narcotics Control Act;

Imprisonment Selection

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

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

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[On the Internet press articles and illegal sales sites, the value of 1,00 won can be recognized as 15,00 won by stroke method]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for both punishment

The defendant committed the crime of this case during the period of probation against a crime of this type and should be subject to severe punishment. However, considering the circumstances such as the fact that the defendant committed the crime of this case during the period of probation against a crime of this type, it is difficult to conclude that the defendant did not have any criminal history other than the above criminal record, and that the time of the crime is the intention that the customer was not in the beauty room, and that the defendant committed the crime of this case with the intention that the customer was not in a rare time, and that there was no particular loss to B, the punishment shall be determined as ordered (the crime of this case is assessed to be dangerous to lead to an additional crime, and it is assessed that there is a little possibility that it might lead to an additional crime, and that the defendant was in the period of probation, a considerable time of probation shall be added

Judges Lee Dong-sung