2017Gohap428 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

A

Kim Jong-sung (public prosecution) and fump (public trial)

Attorney B

July 7, 2017

A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated as evidence 3, 4, 6, 8, 10, 12, 13, 15 through 17, 19 through 25, and 31.

5,005,000 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 facts

The defendant is not a person handling narcotics.

1. Co-principalion - Sales of marijuana;

The defendant, together with C, has expressed his intent to purchase marijuana from Adi E (hereinafter referred to as Adi) at the selling site of 'Adi' in the deep web of the Internet.

A. On April 3, 2017, the Defendant ordered "E" to take an order for marijuana 110g, and C received approximately 110g of marijuana, which is contained in the enclosed paper, at around 23:36 on the same day, after converting the amount equivalent to KRW 4.89 million in cash into the bitco and remitting it to the address of the bitco notified by the seller to the seller.

B. On April 5, 2017, the Defendant ordered 110g of marijuana to “E”, and C exchanged a cash amounting to 4.9 million won in cash to the address of the non-coin known by the seller, and received approximately 110g of marijuana at the above place.

Accordingly, the Defendant, in collusion with C, purchased approximately 220gs of marijuana over two occasions.

2. The defendant's sole criminal administration I - Violation of the Act on the Control of Narcotics, etc. (fence);

(a) Purchasing Metephopopon (one philoopon; hereinafter referred to as "philoopon");

1) On March 10, 2017, the Defendant: (a) intended to purchase 2 gh from Ad 'Ad 'H' (hereinafter referred to as ‘Ad 'Ad') on the sale site of narcotics, etc. from the Internet deep web; (b) transferred cash worth of KRW 900,000 to the seller's bitcoccoin to the seller's bitcoin; (c) on March 11, 2017, around 10:00, approximately KRW 2 g of philopon, which was put by the seller in the Hady field.

2) On March 2017, the Defendant: (a) purchased 2 gh from “H” to purchase juphones; (b) exchanged an amount equivalent to KRW 900,000 in cash as bitcos to the seller’s address as bitcos; and (c) received approximately two g of lophones that the seller contained in the “L” underground parking lot of 10:00 on March 2017, where the number of the seller’s number is unknown; and (d) received approximately two g of lophones that the seller concealed in the cigarette.

Accordingly, the defendant purchased approximately 4g philophones on two occasions.

(b) Sale of phiphonephones;

On March 10, 2017, the Defendant: (a) decided to sell 2 g phiphones to M on March 16, 2017; (b) transferred 2 million won cash from M to N’s address; (c) however, on March 11, 2017, the Defendant issued approximately 0.5 g phiphones worth 500,000 in cash at the Defendant’s residence of 0:0 Sungnam-si, Sungnam-si, the Defendant did not seek two phiphones, the actual promise to sell.

Accordingly, the defendant sold philophones.

(c) Acceptance of philophones;

1) On April 8, 2017, around 20:00, the Defendant received approximately 0.2g of philopon from R in front of the R’s SUV B, which was parked in Q Q in P in Seongbuk-gu, Sungnam-si.

2) Around 03:00 on April 12, 2017, the Defendant received approximately 0.1g of philopon from R’s natives who were unable to know their names in front of the Defendant’s residence.

Accordingly, the Defendant received approximately 0.3g of philophones on two occasions.

(d) Medication of philophones;

On April 12, 2017, the Defendant injected approximately 0.1g of philophones into a single-use injection machine at the residence of the above Defendant on April 12, 2017, and dilution with water.

Accordingly, the Defendant administered philophones.

(e) Proppool possession;

On April 12, 2017, at around 17:30, the Defendant kept a propool (120 g/12 ml) in the kitchen and cooling house in the residence of the above Defendant.

Accordingly, the defendant possessed a propool.

3. Violation of the Act on the Control of Narcotics, etc. (mariana) by the accused.

(a) Sale of marijuana;

On April 6, 2017, at around 22:00, the Defendant received KRW 400,000 in cash from the above Defendant’s residence, and delivered approximately 4g of marijuana to S in plastic bags.

Accordingly, the defendant sold marijuana.

(b) Acceptance of marijuana;

The Defendant delivered approximately 10g of marijuana to R at the same time and place as paragraph 2(c)(1).

Accordingly, the defendant accepted marijuana.

(c) Smoking marijuana;

At around 16:00 on April 12, 2017, the Defendant drank approximately 0.1g of marijuana into pipes at the residence of the above Defendant and dice by attaching a fire.

Accordingly, the Defendant smoked marijuana.

(d) Possession and keeping of marijuana;

1) On April 12, 2017, around 17:03, the Defendant possessed approximately 1.44g of marijuana, which contained a transparent vinyl on his left part, in front of the dwelling of the above Defendant.

2) On April 12, 2017, at around 17:06, the Defendant stored approximately 148.53g (including plastic weight) of marijuana in the plastic paper (including plastic weight), approximately 39.32g (including plastic weight) in the original plastic package, and approximately 2.41g (including plastic weight) of marijuana in the transparent plastic package.

Accordingly, the Defendant possessed and kept approximately 191.7g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Some statements in a copy of the protocol of suspect examination of M by prosecution;

1. Police seizure protocol and list of seizure (Evidence Nos. 8.9);

1. ACCUSIGN testing and confirmation (Evidence Nos. 17) and replys to each request for appraisal;

1. Photographs, such as a photograph of the details of a tegrgrgical conversation, a photograph of seized objects, residential search and seizure photographs, photograph of the contents of the tegrgical conversation, and notice for sale

1. Each investigation report (the sequence 19,26 of the evidence list);

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 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Narcotics Control Act, Article 60(1)3(b) of the Act on the Control of Narcotics, Etc., Article 61(1)5, Article 4(1)3(d) of the Narcotics Control Act, Article 61(1)1, Article 2 subparag. 3(d) of the Act on the Control of Narcotics, etc., Article 59(1)7 and Article 3 subparag. 7 of the Act on the Control of Narcotics, etc., Article 61(1)6, and Article 4(1)2 of the Act on the Control of Narcotics, etc. (a) of the Narcotics, etc., Article 61(1) of the Act on the Control of Narcotics, Etc., Article 61(1)6, and Article 61(1)2(b) of the Act on the Control of Narcotics, etc.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the weight 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 Control of Narcotics, etc.) due to the Purchase of Cannabis on April 5,

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the grounds for calculating the amount of additional collection shall be as shown in the

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. (the first and second crimes) by the purchase of marijuana;

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 2 (mariju, Malib (b) and (c), etc.)

【Special Convicted Person】

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

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (the third crime) by selling marijuana;

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 2 (mariju, Malib (b) and (c), etc.)

【Special Convicted Person】

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

(c) The crime of violating the Act on the Control of Narcotics, etc. (flag) by selling and receiving each phiphone;

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 2 (mariju, Malib (b) and (c), etc.)

【Special Convicted Person】

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

(d) Crimes of violation of the Act on the Control of Narcotics, etc. (flavoon) by phiphone medication;

[Determination of Type] 3 Narcotics Crime Group, Medication, Simple Possession, etc. (Raybb items (b) and (c))

【Special Convicted Person】

[Scope of Recommendation] Ten months to two years (Basic Area) of imprisonment

(e) A crime of violating the Act on the Control of Narcotics, etc. (flavoking) by a propool possession;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc., Type 2 (ma) (ma)

【Special Convicted Person】

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

(f) Crimes of violation of the Act on the Control of Narcotics, etc. by giving and receiving marijuana;

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 1 (Hoisonous Substances, Doz.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 6 months to 1 year and 4 months (Basic Area)

(g) Crimes of violating the Act on the Control of Narcotics, etc. (marijuth) by smoking, possessing, or storing marijuana;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc., Type 2 (ma) (ma)

【Special Convicted Person】

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

(h) Scope of recommendations according to the guidelines for handling multiple crimes;

From 1 to 3 years of imprisonment (=2 years + (2 years x 1/2) + (2 year X1/3))]

2. Determination of sentence;

The instant crime is committed by acquiring narcotics, such as marijuana and phiphonephones, through the Internet site or the Internet, and using, possessing, and keeping them, and selling them several times. In light of the type and quantity of narcotics handled by the Defendant, the nature of the crime and the type of the crime, and the number and frequency of the crimes, etc., even though they had been sentenced to suspended execution, they committed recidivism, and distributed them without being limited to the use of the purchased marijuana and phiphones by themselves, it is inevitable to punish a considerable period of time.

However, the defendant, while engaging in musical records as drinking water, seems to depend on narcotics without spreading the drug suspicion, and recognized the mistake and reflect it.

In addition to these various circumstances, the defendant's age, character, conduct and environment, motive and consequence of the crime, circumstances before and after the crime, etc. are considered, and the punishment is determined as ordered within the scope of recommended sentencing criteria.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

A person shall be appointed.