2017Gohap601 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

A

Newly Inserted by Presidential Decree No. 1354, Dec. 3, 200

Law Firm B

C. Attorney C.

August 17, 2017:

Defendant shall be punished by imprisonment for not less than two years and six months.

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

To order the defendant to provide community service for 200 hours.

1,062,00 won shall be additionally collected from the defendant.

Criminal facts

No person shall trade or smoke marijuana, and no person other than a person handling narcotics shall import, trade or administer a psychotropic drug.

The defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act;

A. On August 2016, the Defendant: (a) received 13,600 MMA (one name X-si; hereinafter referred to as “Mster”) from a local person whose name is unknown in front of the ‘D club’ in Thailand, around 00:30 (local time) and purchased 17 PMA (one name X-si; hereinafter referred to as “ X-si”), which is a psychotropic drug, in the name of the purchase price.

B. The Defendant administered the above club toilets at around 01:00 (local time) on the same day as the above paragraph (a), using the method of putting one of the X posters purchased as above together with water.

C. On August 25, 2016, the Defendant: (a) purchased pet goods at the airport of Thailand in Thailand, as described in the foregoing paragraph (a); (b) concealed them in a virtual room for travel of 16 hours in the X-gu, X-si; and (c) imported the 16-day X-si in a way that, around August 25, 2016, the Defendant arrived at the Incheon Central State Provision Port located in the Jung-gu, Incheon, Jung-gu, Incheon, and passed the entry inspection room and was in possession of the said bags; and (d) imported the x-si 16-day.

D. At around August 26, 2016, around 21:40, the Defendant decided to sell 60,000 won in X-gu to F in the vicinity of F’s residence in Gangnam-gu Seoul, and the Defendant, from F, part of the purchase price for X-gu in the X-gu, as part of the purchase price for X-gu in cash, distributed approximately 2G of 300,000 won in cash to F in the X-gu, and distributed approximately 300,000 won in cash to F in the X-gu imported under the foregoing paragraph (c), and sold the remaining purchase price of 300,000 won in the remainder of the purchase price to his new account (G) around August 27, 2016.

E. On September 8, 2016, around 20:40, the Defendant purchased and sold 10,000 won from F as the purchase price for X-Pers in the same place as the above paragraph (d), and distributed 10,000 won out of the X-Pers imported as above paragraph (c) to F.

2. Violation of the Act on the Control of Narcotics, etc.;

A. At around 09:00 on July 4, 2016, the Defendant received from “J club” located near the station located in the Gangnam-gu Seoul Metropolitan Government H, and from “F,” one cigarette, the amount of which is less than 0.5Gs (ordinary one minute, approximately 0.5Gs) for marijuana, at the place where the tobacco plant was paid less than the tobacco plant.

B. At around 10:00 on July 4, 2016, the Defendant smoked in the manner of turning the smoke emitted from marijuana received, such as the foregoing paragraph (a), into coaches and in a fluence, at the place of residence in Gangnam-gu Seoul, Gangnam-gu, and 502.

C. On July 6, 2016, at around 01:50, the Defendant transferred KRW 300,000 as the purchase price for marijuana from the said F’s new bank account (L). On July 9, 2016, the Defendant received approximately 2G of marijuana in the “J club” stated in the said paragraph from F, and purchased it from F, around July 9, 2016.

D. On July 9, 2016, the Defendant, at around 10:00, smoked approximately 1.5G of marijuana, among marijuana purchased in accordance with the foregoing paragraph (b) (i.e., once an ordinary portion, approximately 0.5G) in the presence of less than the tobacco openings, and (ii) smoked in the same manner as the foregoing paragraph (b) at around that time.

E. On October 28, 2016, around 11:00, the Defendant: (a) received approximately KRW 300,000 as the purchase price for marijuana from the said F on the roads near the Gangnam-gu Seoul Metropolitan Government M apartment street; and (b) purchased approximately 2Gs of marijuana in the same place on October 29, 2016 at around 22:00.

F. On January 10, 2016, around 30 A.M. and around 30 A.M., the Defendant smoked 2G of marijuana purchased in the same manner as the foregoing paragraph (i.e., once in trade, approximately 0.5G) among marijuana purchased in the same manner as the foregoing paragraph (i) and around that time in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. A copy of the fourth police interrogation protocol regarding F;

1. A maternity narcotics appraisal report;

1. F seizure warrants and replies (financial transaction details), DNA conversations between suspects A and F, and entry and exit of each individual;

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 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the fact of the import of an X-how, the selection of a limited term type), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the fact of each transaction, administration, and election of each imprisonment), Articles 59(1)7 and 3 subparag. 9 (the Act was amended by Act No. 14019, Feb. 3, 2016; it was in force before November 3, 2016) of the former Narcotics Control Act; Articles 61(1)6, and 4(1)2 (the fact of giving and receiving marijuana); Articles 60(1)1, 4(1)1, and 60 subparag. 3(b) of the Narcotics Control Act; Articles 61(1) of the Act on the Control of Narcotics, Etc.; Articles 61(1)6 and 61(1)4(a) and 3) of the Act on the Control of Narcotics Drugs.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the Import of X-gu with the largest punishment]

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 consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Basis for calculation of a surcharge] Total 1,062,00 won

○ Purchase of 17-day X-si 17-si: 459,000 won (i.e., X-si 17-si purchase price of 459,000 won)

Pursuant to Paragraph 1(b), (c), (d), (e) X-type medication, import, and each transaction: As the X-type dose purchased in accordance with Paragraph 1(a) of the holding was administered, imported, or traded, and thus, it is not additionally collected in duplicate.

○ No. 2(a) of the decision: The value of the received marijuana cannot be collected in addition because the amount of the received marijuana cannot be specified.

○ Smoking 2-Nab marijuana: 3,000 won (=3,000 won for each marijuana transaction price)

○ Purchase of Port 2G 2Gs in its holding: 300,000 won (=300,000 purchase price for marijuana 2Gs)

○, No. 2 of the Decision, 1.5G Smoking 1.5G: This part, as it smokes marijuana purchased as stated in paragraph 2(c) of the Decision, shall not be collected in duplicate separately.

○ Purchase of the 2G hemp 2G in Decision 2: 300,000 won (=300,000 won for the purchase of marijuana 2Gs)

○ 2G smoking in Section 2(f) of the holding: Since this part smokes marijuana purchased as stated in Section 2(e) of the holding, it shall not be collected in duplicate separately.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and six months but not more than two years and six months and not more than 22 months;

2. Scope of recommended sentences according to the application of the sentencing criteria: Imprisonment with prison labor for not less than four years but not more than eight years and six months;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (flavotion) (flavotion 1 crime) by the import of X

【Scope of Recommendation】

Type 3 (Narcotic drugs, perfumea, item (a) and (b), etc.) of the Basic Area for Export, Import, Manufacture, etc. (4-7 years);

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (math 2) due to the sale and purchase of X-how and medication;

【Scope of Recommendation】

Type 2 (mariju, native item (b) and (c) of Act on Trade Mediation, Etc.) (1 to 2 years).

(c) Crimes of violation of the Act on the Control of Narcotics, etc. (the third crime) through the trade of marijuana;

【Scope of Recommendation】

Type 2 (marijus, nativesb.(b) and (c), etc.) reduction area (8 months to one year and six months), such as trade mediation, etc.

【Special Convicted Persons】

○ Reduction element: Purchasing for medication, simple possession, etc.

(d) Results of standards for handling multiple crimes: Imprisonment with prison labor for not less than four years but not more than eight years and six months;

3. Determination of sentence: A sentence of imprisonment with prison labor for 2 years and 6 months, suspended execution for 4 years and narcotics-related crimes are harmful to the national health or cause another crime; they have a significant negative impact on the society due to their halluity and toxicity; and they need to strictly cope with high risk of recidivism; and that the Defendant sold X posters imported in Thailand to F and distributed them in Korea is disadvantageous to the Defendant.

However, the fact that the defendant does not seem to have planned import of X-gu for the purpose of distributing them in Korea from the beginning, that the defendant's behavior is against his own behavior, that there is no criminal record except for punishment once by fine, that the defendant voluntarily received drug addiction treatment from the hospital, and that the defendant's parents are making efforts to prevent recidivism, and that social ties are obviously favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, the environment, the means and consequence of the instant crime, the circumstances after the crime, etc., shall be determined by getting out of the sentencing criteria and the sentence as ordered.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong