2018Gohap810 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

A

Plastic (prosecution) and astronomical (public trial)

Law Firm Jeong-woo, Attorney Jeong Jin-jin

November 20, 2018

A person shall be punished by imprisonment with prison labor for not less than 6 months and by imprisonment for not less than 4 months with prison labor for the crimes of Articles 4 through 7 of the Judgment.

Seized evidences 1 through 9, 12 and 12 shall be confiscated.

1,231,200 won shall be collected for the crimes of subparagraphs 1 through 3 in the judgment of the defendant, and 120,000 won shall be collected for the crimes of Articles 4 through 7 in the judgment of the defendant.

The amount equivalent to each of the above additional charges shall be ordered to be paid provisionally.

Criminal History Office

【Criminal Power】

On May 25, 2018, the Defendant was sentenced to a suspended sentence of one year and a fine of one million won for a violation of the Aviation Security Act at the Incheon District Court on April 2018, and the suspended sentence becomes final and conclusive on June 2, 2018.

【Criminal Facts】

No person shall purchase or smoke marijuana, and no person, other than a person handling narcotics, may purchase, deliver, administer, or possess marijuana, the psychotropic drugs-related psychotropic drugs-related clophophones (hereinafter referred to as “cophophones”). Notwithstanding that he/she is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On January 1, 2018, the Defendant: (a) purchased approximately 3gh and marijuana 500,000 won from C in the residence of Gangnam-gu, Seoul; (b) purchased approximately 1.5g g of chophonephones contained in plastic bags and plastic bags from C; and (c) purchased approximately 3g and 5g of chophones from C in the brophones; and (d) purchased approximately 1.5 million chophones from C in the brophones of Seocho-gu, Seoul, the Defendant’s residence on January 2, 2018. The Defendant administered chophones by inserting approximately 0.3g of chophones in the froke, the Seocho-gu, Seoul, where the Defendant is the Defendant’s residence; and (b) administering chophones by spreading them by heating them into the bottom of froke.

3. On February 2, 2018, the Defendant administered approximately 0.3g of philopon at the residence of the above Defendant in the same manner as the above 2.3g.

4. On June 2018, the Defendant, at the residence of the above Defendant, 0.3g of phiphonephones from F free of charge, was inserted in the flux and administered in the flux, and was administered in the same manner as the above 2.3g.

5. On July 18, 2018, the Defendant smoked marijuana in a way that, at the residence of the above Defendant, the said Defendant spawd the metal spawd into a smoking machine made by sticking the metal spawd, and the smoke occurred by heating it through water in a water disease. On July 25, 2018, the Defendant spawd it into the entrance of the said water disease, and smoked it by inhaleing the smoke. On July 28, 2018, the Defendant spawd around 0.3g in the instant Defendant’s residence using the same method as the foregoing 2. On the same day, the Defendant spawdd around the same day, spawds into a pipe made of the spawdry, and spawd into a pipe made of the said Defendant’s residence, and spawds into the 3g of the said plastic container. The Defendant, on July 28, 2018, contained the 3g vinyl.

Summary of Evidence

1. Defendant's legal statement;

1. - Investigative Report (Attachment of Contents of G dialogues Related to Narcotics F and A), Investigation Report (A) - Report on Request for Expert Opinion, - Report on Request for Expert Opinion, - Investigation Report on Request for Expert Opinion (compacting time according to the results of an appraisal of the appearance), Investigation Report (in relation to calculation of a surcharge), Report on Criminal Investigation (in relation to the calculation of a surcharge), Narcotics in the Supreme Prosecutors' Office and Publication on June 1, 2018, extracting the prices of cancer narcotics in the monthly trends of Maak and Maak, Report on Investigation (A’s dactical and Madact Appraisal Results), - Written replys and

1. Records of seizure [the list of evidence by the public prosecutor (hereinafter referred to as the "s Nos. 3"), list of seizure (s. 4) and photographs of seized articles;

1. -Investigation Report (verification during the period of suspension of suspect execution), - Copy of the ruling of Incheon District Court 2017 Godan8403 and criminal records;

Application of Statutes

1. Article applicable to criminal facts;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the purchase, medication, the receipt, and delivery of oponon notes), Article 59(1)7, and Article 3 subparag. 7 (the purchase of marijuana) of the Narcotics Control Act, Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 61(1)6, and Article 4(1)2 (the possession of marijuana) of the Narcotics Control Act, Articles 61(1)6 and 4(1)2 (the possession of marijuana) of the Narcotics Control Act.

[The defendant and his defense counsel asserted to the effect that the mere possession of marijuana purchased by the defendant merely constitutes a crime of violation of the Act on the Control of Narcotics, etc. by holding marijuana, since it is an act of imprisoned ex post, and thus it does not constitute a separate crime of violation of the Act on the Control of Narcotics, etc. by holding it separately. In a case where the defendant continues to possess narcotics without disposing of the narcotics purchased or received, unless it is judged that the act of possession is in an indivisible relationship with the act, such as sale and purchase, or is merely an inevitable result accompanying the act, and that such act was temporarily conducted as a result of the trade, etc., the act of possession constitutes a crime of possession separate from the crime of the sale of narcotics, etc. (see, e.g., Supreme Court Decision 90Do543, Jul. 27, 1990). This part of the crime is that the defendant continued to keep the marijuana purchased from C in his residence at least six months after the purchase of marijuana, and such possession is not temporarily conducted as a result accompanying the crime of the purchase of marijuana.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. by Handphones and the crime of violation of the Act on the Control of Narcotics, etc. by the purchase of marijuana, and the punishment as prescribed by the Act on the Control of Narcotics, etc. by the purchase of heavy marijuana)

1. Selection of punishment;

Selection of each sentence on the violation of the Act on the Control of Narcotics, etc. (mavoking), the smoking or possession of marijuana, etc. by medication of phiphonephones, waterway, etc., shall be punished by imprisonment, respectively.

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crimes of subparagraphs 1 through 3 and the violation of the Aviation Gazette Act in which judgment becomes final and conclusive)

1. Aggravation for concurrent crimes;

Articles 37(1)2 and 50 of the Criminal Act (the aggravated punishment for concurrent crimes 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 marijuana on which punishment is the largest, shall be aggravated for concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the purchase of marijuana on which punishment is the largest).

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (as to the crimes of paragraphs 1 through 3 at the time of the market, taking into account the favorable circumstances among the reasons for the following sentencing)

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. (based on the calculation of additional charges) concerning the scope of additional collection shall not be the case where a series of acts by a defendant who handles the same narcotics, etc. constitutes separate crimes in which it is ordered to issue an additional collection of the total amount of values of narcotics within the scope dealt with by him/her on the basis of the defendant

(See Supreme Court Decisions 96Do3397 delivered on March 14, 1997; 2000Do546 delivered on September 8, 2000, etc.) and narcotics, etc. handled by the Defendant (as to the crimes of paragraphs 1 through 3 on the market, approximately 3g and marijuana 5g, and about 0.3g of a philopon received from F in relation to the crimes of Articles 4 through 7 on the market), which were seized and discarded after appraisal, are the same as those actually confiscated from the Defendant, and thus, its value cannot be collected. Ultimately, as to the crimes of Articles 1 through 3 as indicated in the judgment of the Defendant, the amount equivalent to approximately 0.3g of a philopon and about 0.52g and about 0.3g of a philopon should be collected in addition to the amount equivalent to the 0.3g of a philopon for the crimes of Articles 4 through 7 as indicated in the judgment.

The basis of the retail (g) price of narcotics, etc. and the retail (g) price of marijuana 60,000 and the retail (g) price of marijuana 60,000 in consideration of the monthly trend of narcotics, etc. (the portion of the price of the carlphone, the evidence of 451) and the investigation report (related to the calculation of a surcharge) is based on the retail (g) price of the carlphone. Accordingly, the amount to be collected from the Defendant is 1,231,200 won (=3g of the carlphone 1,200,000) + 31,200 won (colphone 0.52g) as stated in the judgment, and 120,000 won (=40,000 x 0.3) as to the crimes of Articles 4 through 7 in the judgment.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. The scope of punishment by law;

Sections 1 through 3 of this ruling: Imprisonment for 6 months to 22 years;

○ Crimes Nos. 4 through 7: Imprisonment for one month to 15 years.

2. Scope of recommendations according to the sentencing criteria;

○ Crimes Nos. 1 through 3 of the Judgment)

(a) Basic crime: Violation of the Act on the Control of Narcotics, etc. (flavoon) due to the administration of phiphones;

[Determination of Type] 3 Medications, simple possession, etc. (favourbb items (b) and (c))

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 10 months to 2 years of imprisonment

(b) 1 concurrent crime: A crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the administration of phiphones;

[Determination of Type] 3 Medications, simple possession, etc. (favourbb items (b) and (c))

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 10 months to 2 years. 2 years: Crimes of Violation of the Act on the Control of Narcotics, Etc. (mariana) due to the purchase of marijuana

[Determination of Types] Trading, good offices, etc.

【Special Escopics】 Purchasing or receiving for medication, simple possession, etc.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months to 1 year and 6 months;

(d) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for up to 10 months up to 3 years and six months;

○ Crimes Nos. 4 through 7 of the Judgment

(a) Basic crime: Violation of the Act on the Control of Narcotics, etc. (flavoon) due to the administration of phiphones;

[Determination of Type] 3 Medication, Simple possession, etc. (flag (b) and (c))

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 10 months to 2 years of imprisonment

(b) 1 concurrent crime: A crime of violation of the Act on the Control of Narcotics, etc. (fence) due to phiphones and waterways;

[Determination of Types] Trade good offices, etc.

【Special Escopics】 Purchasing or receiving for medication, simple possession, etc.

[Recommendation Area and Scope of Recommendations] Reduction Area, 8 months to 1 year and 6 months. 2 years: Violation of the Narcotics Control Act, etc. (mariana) due to smoking in marijuana

[Determination of Types] Medication, Simple Possession, etc. (mariju, flad and (e), etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 months to 1 year and 6 months;

(d) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for up to 10 months up to 3 months;

3. Determination of sentence;

Nos. 1 through 3 of the ruling: Imprisonment for 6 months;

○ Crimes Nos. 4 through 7: Imprisonment with prison labor for 4 months.

The Defendant purchased, received, and smoked, philophones and marijuana over several occasions. Narcotics crimes are not easy to detect due to their characteristics, but are likely to repeat crimes, but are likely to overcome the body and mind of an individual due to toxicity, and do not have any negative impact on the society as a whole. Therefore, the Defendant’s criminal liability cannot be deemed to be light.

However, the defendant's confession of all of the crimes of this case, and the violation of the Aviation Security Act, which became final and conclusive, shall be sentenced in consideration of equity with the case where the above crimes are judged simultaneously in the concurrent crimes under the latter part of Article 37 of the Criminal Act. The defendant does not have the same criminal record, and the defendant purchases phiphones and marijuana for the purpose of medication, and does not seem to have committed systematic and professional narcotics-related crimes. Considering the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc., the defendant's sentencing conditions under Article 51 of the Criminal Act such as the age, character and behavior, family relation, etc. shall be considered as favorable to the defendant.

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young

1) The prosecutor calculated 100,000 won as a surcharge for the criminal facts that the defendant received approximately 0.3g of philophones (based on the price per minute of cancer).

I seem to have been set forth in the evidence records 449 pages), however, it is reasonable to base the retail transaction price of philophones on the basis of KRW 400,00 (g);

0.3g a surcharge on an additional charge shall be charged to KRW 120,000.

2) This part of the crime is not applied to the sentencing criteria as concurrent crimes under the latter part of Article 37 of the Criminal Act, but is examined as reference for proper sentencing.