2017Gohap371 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Kim Jong-sung (prosecution) and Kim Jae-heat (Trial)

Attorney B (Korean National Assembly)

June 9, 2017

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Probation shall be ordered to order the accused to take a probation and a pharmacologic treatment course for 40 hours.

Seized evidence 1 or 2 shall be confiscated.

400,000 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

No person shall trade, or smoke in, marijuana.

1. Trade in marijuana;

around 22:00 on December 3, 2016, the Defendant purchased 6g of marijuana 400,000 won in cash from D, which is the supply book for marijuana, in the dwelling of the Defendant in Gangnam-gu Seoul and 502.

Accordingly, the defendant purchased marijuana.

2. Smoking marijuana;

A. On December 3, 2016, at around 22:30 on December 3, 2016, the Defendant smoked marijuana in such a manner as to sticking tobacco pipes to the raw plastic disease of 1.5L and ring a half of the motos by inserting the motos by inserting the motos into a large quantity of marijuana and as soon as possible by inserting the smoke.

B. At around 20:00 on December 9, 2016, the Defendant smoked marijuana in the foregoing manner at the above place.

C. At around 20:00 on December 10, 2016, the Defendant smoked marijuana in the same manner as above at the above place.

D. At around 20:00 on December 11, 2016, the Defendant smoked marijuana in the same manner as above at the above place.

E. At around 20:00 on December 12, 2016, the Defendant smoked marijuana in the same manner as above at the above place.

Accordingly, the Defendant smoked marijuana over five times.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Photographs of seized articles;

1. Investigation reports (the results of an appraisal of seized articles, the training of marijuana), narcotics appraisal reports, investigation reports (the results of precise appraisal, the training of marijuana), and narcotics appraisal reports;

Application of Statutes

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

Article 59(1)7, Article 3 subparag. 7 (the point of trade in marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of trade in marijuana and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for concurrent crimes of violation of the Act on the Control of Narcotics, etc. (However, to the extent that the sum of the long-term punishment of the violation of the Act on the Control of Narcotics, etc. (the act of violation of the Act on the Control of Narcotics, etc. (the act of violation of marijuana) and the act

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 of the Criminal Act, Article 59 of the Act on Probation, etc.

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 ground for calculating the amount of additional collection: The amount equivalent to the purchase price for marijuana paid by the defendant to D (400,000 won): Provided, That the part in which the defendant smoke

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law;

○ Imprisonment with prison labor for not less than six months but not more than 17 years and six months;

2. Application of the sentencing criteria;

(a) The offense of violation of the Act on the Control of Narcotics, etc. ( marijuana) by trading basic crimes marijuana;

(i)types;

Type 2, such as assistance in the trade of narcotics, etc. (mariju, flag (b) and (c).)

(ii) purchase or acceptance for simple possession of medication for special mitigation;

(iii) the scope of recommendations;

Reduction Area ( Imprisonment of eight months to one year and six months)

(b) The act of violating the Act on the Control of Narcotics, etc. (mariana) due to concurrent crimes, marijuana smoking;

(i)types;

Narcotic Drugs Medication, Simple Possession, etc.

(ii) the scope of recommendations;

Basic territory (two months of imprisonment to one year and six months)

(c) Sentencing criteria based on the standards for handling multiple crimes;

From 8 months to 2 years and 4 months of imprisonment

3. Determination of sentence;

The following circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., and all of the sentencing factors shown in the trial process of this case, including the circumstances after the crime, shall be determined as ordered.

In this case, the crime of this case is deemed to have been smoked five times within the short period of time by the Defendant by purchasing marijuana, and the nature of the crime is not good. Narcotics-related crimes are highly likely to cause harm not only to the individuals concerned but also to the society through toxicity. It seems that the Defendant is highly dependent on marijuana, such as the quantity of marijuana purchased and the frequency of smoking.

The favorable circumstances: The defendant does not seem to have purchased marijuana systematically or professionally, and there is no evidence to regard that the marijuana purchased by the defendant has been distributed during the process of the crime. The defendant recognizes all the crimes of this case from investigative agencies to this court, and repents his mistake. The defendant has no record of criminal punishment prior to the crime of this case.

The presiding judge, judge and presiding judge;

Judges Man-ho

Judges Han Han-chul