2017Gohap643 Violation of the Act on the Control of Narcotics, etc. ( marijuana)

A

Kim Chang-seop (prosecution), chip (public trial)

Attorney B (Korean National Assembly)

August 25, 2017

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

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

The defendant shall be subject to probation and shall be ordered to take pharmacologic treatment for 40 hours.

535,000 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

1. Purchasing marijuana;

No person shall trade marijuana.

(a) The crime committed on February 2, 2017;

On February 1, 2017, at around 21:30, the Defendant invested 400,000 won each in the vicinity of C in Gwanak-gu in Seoul Special Metropolitan City, and purchased approximately 800,000 bitcocos, each of which was used by C using his Handphones, and then remitted 0.379264BC (Apppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp (ppppppppppppppppppppppppppppppppp) to the e-mail used by the seller of marijuana by the seller of marijuana using his Handphones, at around 23:20,00 on the same day.

Accordingly, the Defendant sold and purchased marijuana in collusion with C.

(b) The crime committed on February 11, 2017;

On February 9, 2017, the Defendant invested approximately KRW 1.50,000 at the house of the Defendant at Yongsan-gu Seoul Metropolitan Government G Apartment-dong 101, respectively, and purchased approximately KRW 300,000,00,000, and then transferred approximately KRW 0.217166BC ($ 270,000) to the electronic wallets used by the Defendant by the seller of marijuana using his handphones, etc., and around 01:00 of the same month, the Defendant transferred approximately KRW 27,00,000,000 to the bitco, a bitco used by the said seller of marijuana by the said seller of marijuana by using his handphones.

Accordingly, the Defendant sold and purchased marijuana in collusion with C.

2. Smoking marijuana;

No person shall smoke marijuana.

(a) Smoking marijuana in February 4, 2017;

At around 23:00 on February 4, 2017, the Defendant drank approximately 0.5g of marijuana at the mutual incompetence in Gwanak-gu, Seoul Special Metropolitan City on the paper of tobacco and added a smoke with a fire.

Accordingly, the Defendant smoked marijuana.

(b) Smoking marijuana in February 5, 2017;

At around 07:00 on February 5, 2017, the Defendant smoked approximately 0.5g of marijuana at the conference as described in the foregoing paragraph (a) in a tobacco paper after being 0.5g of tobacco paper, with a smoke attached thereto, and at around 23:00 on the same day, approximately 0.5g of marijuana at the same place in the same manner.

Accordingly, the Defendant smoked marijuana.

(c) Smoking marijuana in February 11, 2017;

At around 03:00 on February 11, 2017, the Defendant drank approximately 0.5g of marijuana at the mutual incompetence in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on the paper of tobacco, and dye it with a fire attached thereto.

Accordingly, the Defendant smoked marijuana.

(d) Smoking marijuana in February 18, 2017;

At around 23:00 on February 18, 2017, the Defendant drank approximately 0.5g of marijuana at the mutual incompetence in the Gwanak-gu, Seoul Special Metropolitan City, after being frighted with tobacco paper, with a smoke attached thereto.

Accordingly, the Defendant smoked marijuana.

(e) Smoking marijuana in March 4, 2017;

At around 23:00 on March 4, 2017, the Defendant drank approximately 0.5g of marijuana at the mutual incompetence in Gwanak-gu, Seoul Special Metropolitan City on the paper of tobacco, after being drank by attaching a smoke.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. A copy of each police statement of H, I, and E;

1. The current status of purchasers of co-ins sales tools, list of wallets, subscriber's information, and marijuana using bitcos;

1. Records of seizure and the list of seizure;

1. A written appraisal of each drug;

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;

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 (the point of smoking marijuana and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Act (limited to concurrent crimes resulting from the purchase of marijuana on February 2, 2017, by which punishment and punishment are the largest)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Orders for probation and education;

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

1. Additional collection:

proviso to Article 67 of the Narcotics Control Act (total purchase price of marijuana 1,070,000 won 】 1/2 = 535,000 won 1)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) due to the purchase of marijuana;

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

[Special Escopics] Reductions: Purchasing or receiving for medication, simple possession, etc.

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

(b) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) due to smoking in marijuana;

[Determination of Type] 2 Medication, simple possession, etc. of narcotics (mariju, flag (d) and (e), etc.)

[Special Convicted Persons]

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

(c) Imprisonment with prison labor for eight months to two years (one year and six months + (1 year and six months x 1/2) + (1 year and six months x 6 months x 1/2)] of the standards for handling multiple crimes;

2. Determination of sentence;

The instant crime was committed by purchasing approximately 12g of marijuana via the Internet site for about one month, and smoking approximately 3g of it over six times, and the nature and the frequency of the instant crime is not weak in light of the method of the crime, the frequency of smoking, etc.

However, there are favorable circumstances such as the fact that the Internet advertisement reported the advertisement and the purchase of marijuana appears to have been smoked, the quantity of the purchased marijuana is not much, there is no criminal power, and there is no misunderstanding, and the fact that the mistake is divided and the recidivism is not possible.

In addition, taking into account various circumstances shown in the records and arguments, such as the age, character and conduct and environment of the accused, motive and consequence of the crime, circumstances after the crime, etc., the sentence shall be determined within the scope of recommended sentencing guidelines and the execution of the sentence shall be suspended, but special matters to be observed (the probation officer's administering narcotics, smoking, and taking-in shall follow tests) shall be ordered to prevent recidivism.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

1) Each smoking part of marijuana is smoking the marijuana purchased as above, and its value shall not be collected separately.