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(영문) 서울중앙지방법원 2017.10.20. 선고 2017고합804 판결
가.마약류관리에관한법률위반(향정)나.마약류관리에관한법률위반(대마)다.특정범죄가중처벌등에관한법률위반(운전자폭행등)라.재물손괴
Cases

2017Gohap804

(a) Violation of the Narcotics Control Act;

(b) Violation of the Narcotics Control Act;

(c) Violation of the Act on the Aggravated Punishment, etc.;

(d) Damage to property;

Defendant

1.(a) A

2.(a) B

3.(a)(b) C

4.(c)(d) D

Prosecutor

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

Defense Counsel

Attorney E (for the defendant A)

Attorney F (Korean National Assembly for Defendant B)

Attorney G, H (for the defendant C)

Attorney I (National Assembly for Defendant D)

Imposition of Judgment

October 20, 2017

Text

Defendant A’s imprisonment of three years and six months, Defendant B’s imprisonment of three years, Defendant C’s imprisonment of one year, and Defendant D’s imprisonment of two years and six months.

However, the execution of each of the above punishments shall be suspended for four years for Defendant B and D from the date this judgment became final and conclusive, and for Defendant C for two years for two years.

Defendant B shall be put on probation for 2 years, be put on probation for 120 hours, be put on probation for 2 years, be put on probation for Defendant C and D, and be placed on a 40-hour level for 40 hours.

Three (No. 19), three buildings of melting melting plants with inorganic ingredients (No. 20), two disposable melting plants with melting melting melting melting melting melting incombustibles (No. 23), two buildings of melting melting melting melting incombustibles with ingredients (No. 25), two vinyls containing melting melting melting melting melting incombustibles with ingredients (No. 27), one color melting melting melting melting melting melting meltings with ingredients (No. 28), from Defendant A, shall be confiscated.

680,000 won in collaboration with Defendant A and B, 3,032,00 won from Defendant A, 3,000 won from Defendant B, 6,000 won from Defendant C, and 80,000 won from Defendant D shall be collected respectively.

To order the Defendants to pay an amount equivalent to the above additional charges.

Reasons

Criminal History Office

Defendants are not narcotics handlers.

1. Joint criminal conduct by Defendant A and B;

A. Use of lsD around October 2016

From October 2016, the Defendants received lsD, a psychotropic drug possessed by Defendant A, at the store hotel in the Seocho-gu Seoul Metropolitan Government, around October 2016.

Accordingly, the Defendants conspired to use lsD.

B. The receipt and use of lsD, MMA on June 25, 2017

On June 25, 2017, the Defendants: (a) around the new wall, K hotel 610 located in J of Gangnam-gu, Seoul, provided that (b) L, L, M, N, andO (one psychotropic drug X-si; hereinafter referred to as “X-si”); (c) LD and MMA (one psychotropic drug X-si; hereinafter referred to as “EX-si”); and (d) the Defendants have lD 1 and X-si meals.

As a result, the Defendants conspired to receive and use ls and X-mail.

(c) on July 11, 2017, using merptopon (one philographopon; hereinafter referred to as "philoopon").

On July 11, 2017, at around 23:00, the Defendants 1308 of the Gangnam-gu Seoul Ptel Potel 1308, the Defendant left 700,000 won of the philophones purchased through the Internet from the person who was unaware of the name known to the above Defendant through the Internet, and dump dump so that they dump dump with the flaf by leaving the string.

Accordingly, the Defendants conspired to use philophones.

2. Defendant A’s crime;

(a) trade and use of penphones on May 2017;

around May 2017, the Defendant remitted approximately KRW 700,00 to the person who was aware of the name in the Internet at the Defendant’s residence as stated in paragraph 1-c (a) of the same Article, and as a consideration therefor, the Defendant drankly dyphophone 0.7g, which was hidden in the vicinity of Yeongdeungpo-gu Seoul Metropolitan Government, and on the same day, the Defendant dyphnizes the fyp among the dypphone purchased at the above residence, and dypeds the fyp, so that the Defendant dyphum

Accordingly, the defendant traded and used philophones.

(b) Sale and purchase of lsD or X-mail on May 2, 2017 through June 6, 201;

On May 201, the Defendant transferred approximately KRW 3 million to a person who was aware of his name in the Internet at a place on the Internet in the lower order or June 2017, and as a result, the Defendant had lsD 70 and X-si 6.

As a result, the Defendant traded lsD and X-welter.

(c) Smoking marijuana on June 15, 2017;

On June 15, 2017, at around 02:00, the Defendant drank the flaps of marijuana at the above residence of the Defendant, after being flapsed with the flaps.

Accordingly, the Defendant smoked marijuana.

(d) Acceptance of lsD on June 25, 2017;

The Defendant 1-b. At the time and place mentioned in paragraph 1-b, three LSD were dried free of charge to B.

Accordingly, the defendant accepted lsD.

(e) Acceptance of marijuana on July 12, 2017;

On July 12, 2017, the Defendant: (a) sent one marijuana tobacco containing marijuana in the Defendant’s residence; (b) around July 12, 2017, without compensation, to B.

Accordingly, the defendant accepted marijuana.

(f) Smoking marijuana on July 13, 2017;

At around 00:30 on July 13, 2017, the Defendant, along with R, S, T, and U, has diced, at around the 00:30 on the alleyway located near Wal basin in Gangnam-gu Seoul, Seoul, by raising the marith of marijuana to the marijuana inhaled in the X Spart-gu car.

Accordingly, the Defendant smoked marijuana.

(g) Smoking marijuana on July 14, 2017;

On July 14, 2017, the Defendant drank the smoke of marijuana by attaching the marith of marijuana to the marith of tobacco at the Defendant’s residence.

Accordingly, the Defendant smoked marijuana.

3. Defendant B’s crime

A. Receipt of ls on June 25, 2017

The Defendant received three LSD from A without compensation at the time and place specified in paragraph 1(b).

Accordingly, the defendant accepted lsD.

B. Using ls on July 7, 2017

On July 22, 2017, the Defendant mard the lsd from A at the residence of the Seo-gu Daejeon, Seo-gu, Daejeon around July 22, 2017, as described in paragraph 3(a).

Accordingly, the defendant used lsD.

(c) Receipt and delivery of marijuana and smoking on July 12, 2017;

around July 12, 2017, the Defendant received from A one of the marijuana tobacco free of charge and dump it with its fire attached at the above residence of the Defendant around July 12, 2017.

Accordingly, the defendant received and smoked marijuana.

4. Crimes committed by Defendant D;

(a) Violation of the Narcotics Control Act;

The Defendant, at the time and place specified in paragraph (1)(b), received lsD and one X-mail free of charge from A, and administered them.

As a result, the Defendant received and used lsD and X-mail.

(b) Violation of the punishment rate on the Aggravated Punishment, etc. of Specific Crimes, and damage to property;

On June 25, 2017, at around 04:57, the Defendant: (a) assaulted a victim by means of getting in AC taxi operated by the victim AB (the age of 57) in front of the AA hotel located in Gangnam-gu Seoul Z; (b) assaulting the victim by getting the victim’s hand while being driven in the city of ls and X aids; and (c) thereby damaging the NA car by generating the NA car attached to the victim’s taxi that stopped beyond the central line.

Accordingly, the defendant assaulted the driver of a vehicle in operation, and damaged the diversity of the market price, which is the victim's ownership.

5. Defendant C’s crime

(a) Smoking marijuana on June 15, 2017;

On June 15, 2017, at around 02:00, the Defendant 1-C. of the Defendant’s male-friendly job offering A, who dices the marith of marijuana after being flick in the residence indicated in the paragraph (c) of this Article.

Accordingly, the Defendant smoked marijuana.

(b) Use of sea lsd in June 2017;

On June 2017, the Defendant received lsd from A in an open AE Cont in Songpa-gu Seoul, 2017.

Accordingly, the defendant used lsD.

(c) Smoking marijuana on July 14, 2017;

A around July 14, 2017, the Defendant drank a smoke after being dried with a cigarette after being dried at the same place of residence of A.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

【Each fact in the Judgment other than Paragraph 4-b)】

1. Defendants’ respective legal statements

1. A copy of each protocol of examination of R;

1. Two-time suspect examination protocol of each police officer against 0, L, N, or M;

1. Protocols of seizure and list of seizure (Evidence Nos. 37, 38);

1. Written appraisal of narcotics;

1. Each investigation report (the confirmation of CCTV on the K site, the attachment of photographs of the suspect A at the seizure site, and the attachment of seized objects);

1. Report on investigation (report on the calculation of additional collection charges);

[Article 4-2]

1. Defendant D’s legal statement

1. AB's statement;

1. Photographs photographs and taxi receipts inside the taxi;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Articles 59(1)5, 3 subparag. 5, 2 subparag. 3 (a) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 58(1)3, subparag. 5, and Article 2 subparag. 3 (a) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 60(1)2, Article 4(1)1, and subparag. 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3 (b) of the same Act, Article 30 of the same Act, Article 60(1)3 (a) of the Act on the Control of Narcotics, Etc., Article 30(1)3 (b) of the Act on the Control of Narcotics, Etc., Article 58 subparag. 13 (1) and (3) of the Act on the Management of Narcotics, etc.

B. Defendant B: Articles 59(1)5, 3 subparag. 5, 2 subparag. 3(a) of the Narcotics Control Act, Article 30 of the Criminal Act, Articles 8(1)3, 3 subparag. 5, and 2 subparag. 3(a) 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 Criminal Act, Article 30 of the Criminal Act, Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3(a) of the Narcotics Control Act, Article 59(1)3, Article 2 subparag. 5, and Article 2 subparag. 3(a) of the Narcotics Control Act, Article 59(1)3, Article 3 subparag. 5, Article 2 subparag. 3(a) of the Narcotics Control Act, Article 30 subparag. 1(a) of the Narcotics Control Act, Article 6 subparag. 4(1), Article 6 subparag. 3(1) of the Narcotics Control Act

(c) Defendant C: Articles 61(1)4(a), 3 subparag. 10(a) (the point of smoking marijuana) of the Narcotics Control Act, Articles 59(1)5, 3 subparag. 5, and 2 subparag. 3(a) (the point of using lsD) of the Narcotics Control Act;

(d) Defendant D: Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3(a) of the Narcotics Control Act (the point of receiving lsD), Article 59(1)5, Article 3 subparag. 5, Article 2 subparag. 3(a) of the Narcotics Control Act (the point of using lsD), Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of receiving and using lsC), Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence)

1. Commercial competition;

Defendant A: Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of ls, etc. and the crime of violation of the Act on the Control of Narcotics, etc. (flavo), the crime of violation of the Act on the Control of Narcotics, etc. (flavovo), and punishment

1. Selection of punishment;

lsD Acceptance and Purchase of each ls of Narcotics Control Act, etc. (fence) shall be punished by imprisonment with labor for each limited term, each X-type selection on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fusing), each violation of the Act on the Aggravated Punishment, etc. of Narcotics (fusing), each violation of the Act on the Aggravated Punishment, etc. of Narcotics (blance to Drivers), violation of the Act on the Aggravated Punishment, etc. (f

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 (Article 50 (Article 50 of the Act on the Control of Narcotics, etc. (Article 38 (1) 2 of the Act on the Control of Narcotics, etc. (Article 38 of the Act on the Control of Narcotics, etc.) of the Criminal Act (Article 37 of the Act on the Control of Narcotics, etc. (Article 38 (1) 2, and Article 50 of the Act on the Control of Narcotics, etc. (Article 50 of the Act on the Control of Narcotics, etc.) shall apply to Defendant A). From among concurrent crimes with punishment provided for in the crime of violation of the Act on the Control of Narcotics, etc. (Article 38 (1) 2 and Article 50 of the Act on the Control of Narcotics

1. Discretionary mitigation;

Defendant A, B, and D: Articles 53 and 55(1)3 of the Criminal Act (The following favorable consideration of the reasons for sentencing)

1. Suspension of execution;

Defendant B, C, and D: each Criminal Code Article 62(1)(The conditions favorable to the reasons for sentencing below)

1. Probation, order to provide community service or attend lectures;

Defendant B, C, and D: Article 62-2(1) and (2) of the Criminal Act; Article 59 of the Act on Probation, etc.

1. Confiscation;

Defendant A: The main sentence of 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 attached Form)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Scope of recommendations based on the sentencing criteria; and

1) Violation of the Act on the Control of Narcotics, etc. (fence) by each ls purchase or waterway

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 3 (Narcotic Drugs, Narcotics A. A., etc.)

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

2. Violation of the Act on the Control of Narcotics, etc. (fence) by using lsd

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

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

3) Crimes of violation of the Act on the Control of Narcotics, etc. (flag) by giving and receiving X posters and purchasing phiphones

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

【Special Convicted Person】

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

4) Crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the use of X posters and phiphones

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Raybbb and (c))

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

5) Violation of the Act on the Control of Narcotics, etc. (mariana) by smoking marijuana.

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

【Special Convicted Person】

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

6) Violation of the Act on the Control of Narcotics, etc. (mariana) by marijuana waterways.

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 1 (Hic substances, Ra. Ra., etc.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of six months to one year and four months (Basic Area)

7) Imprisonment for dealing with multiple crimes: 4 years to 12 years [=7 years + (7 years x 1/2) + (7 years x 1/2)]

(c) Determination of sentence;

The Defendant acquired narcotics such as lsD, Xpers, and phiphonephones through the Internet site and distributed them to friendly B, etc., beyond using them, and in particular, distributed ls and XPs by dividing them into ls and XPs, etc. for the purpose of sexual intercourse. In light of the types of narcotics handled (ls are known as the most strong slD) and quantity, the method and frequency of the crime, etc., the nature and circumstances of the crime are heavy, and even if there was the past record of being sentenced to suspended sentence for the same kind of crime for three years, it is inevitable to punish the Defendant again (any of the crimes of this case committed during the period of suspended sentence).

However, the Defendant appears to have fallen into narcotics due to the death of her mother-child or the malaption to study abroad, etc., and cooperate with the investigation by specifically identifying the narcotics crimes of the accomplice (R, S, T, and U) who smoked marijuana with himself.

In addition to these various circumstances, the defendant's age, character, conduct and environment, motive and consequence of the crime, and circumstances shown in the records and pleadings, such as circumstances after the crime, shall be determined as ordered.

2. Defendant B

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Scope of recommendations based on the sentencing criteria;

1. Violation of the Act on the Control of Narcotics, etc. (fence) by lsD waterways

[Determination of Type] Narcotics Crime Group, Trade, Mediation, etc., Type 3 (Narcotic Drugs, Doz. A.)

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

2. Violation of the Act on the Control of Narcotics, etc. (fence) by using lsd

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

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

3. Crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) by X-type waterways

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

【Special Convicted Person】

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

4) Crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the use of X posters and phiphones

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

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

5) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) by smoking marijuana.

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

【Special Convicted Person】

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

6) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) due to marijuana waterways.

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 1 (Hic substances, Ra. Ra., etc.)

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Imprisonment from 6 months to 1 year and 4 months (Mitigation)

7) Imprisonment with prison labor for 4 years to 12 years = 7 years + (7 year X1/2) + (7 year X1/3)]

(c) Determination of sentence;

The Defendant used narcotics, such as lsD, Xpers, and phiphonephones, and performed ls and Xpphones by dividing them into ls and Xpphones with A for the purpose of sexual intercourse with A. In light of the type of narcotics handled, the nature of the crime and the frequency of the crime, etc.

However, the defendant's participation in the joint criminal conduct with A is relatively weak, and there is no criminal record except twice a fine for the crime of this species.

In addition to these various circumstances, taking into account the following circumstances, the Defendant’s age, character, conduct and environment, motive and consequence of the crime, circumstances after the crime, etc., and the records and arguments, the sentence as ordered exceeds the minimum recommended sentencing guidelines and the execution of the sentence is suspended, and the probation is imposed by special matters to prevent recidivism, etc. (the probation officer’s medication of narcotics, etc., smoking, and taking-in etc.).

3. Defendant C.

(a) The scope of punishment by law: Imprisonment with prison labor for one year to 40 years; and

(b) Scope of recommendations based on the sentencing criteria;

1. Violation of the Act on the Control of Narcotics, etc. (franking) by using lsd

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

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

2) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by smoking marijuana.

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

【Special Convicted Person】

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

3) Imprisonment with prison labor for one year to four years [one year + three years + (one year and six months x 1/2) + (one year and six months x one year and six months x one-third)]

(c) Determination of sentence;

In that the defendant uses various kinds of narcotics, such as lsD and marijuana, the nature and criminality of the crime are not weak: Provided, That the defendant seems to have been in contact with narcotics while living together with the male-friendly job offering A, and there is no record of the same crime.

In addition to these various circumstances, taking into account the following circumstances, the Defendant’s age, character and conduct and environment, motive and consequence of the crime, circumstances after the crime, etc., the sentence shall be determined and the execution of the sentence shall be suspended as ordered within the scope of recommended punishment according to sentencing guidelines, and the probation, etc. imposed by the special number of matters (the probation officer’s administration of narcotics, etc., smoking, and taking-in etc.) shall be ordered to prevent recidivism.

4. Defendant D

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Scope of recommendations based on the sentencing criteria;

1. Violation of the Act on the Control of Narcotics, etc. (fence) by lsD waterways

[Determination of Type] Narcotics Crime Group, Sales Mediation, etc., Type 3 (Narcotics, Narcotics, Doz. A.)

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years (Mitigation)

2. Violation of the Act on the Control of Narcotics, etc. (fence) by using lsd

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

[Special Sentencing]

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

3) Crimes of violation of the Act on the Control of Narcotics, etc. (flavotion) due to the use of X posters

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

[Special Sentencing]

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

4) Crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) by X-type waterways

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

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

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

5) Crimes of destroying and damaging property

[Determination of Punishment] Destruction Crime Group, General Criteria, Type 1 (Destruction of Property, etc.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from April to October (Basic Area)

6) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

[Determination of Punishment] Violence Crime Group, Violence Crime, Type 1 (General Violence)

[Special Mitigation] In a case where the degree of assault is minor

[Special Person] When he assaults a driver of an automobile in operation

[Scope of Recommendation] Imprisonment from February to 10 (Discretionary Zone)

7) Imprisonment with prison labor for 2 years and 6 months to 7 years and 2 months (=5 years + (3 years X1/2) + (2 years X1/3)]

(c) Determination of sentence;

The Defendant’s crime was committed by using lsD and X-gu from A and B for the first time, and assaulting a taxi engineer who is driving due to the severe decrison situation, and destroying the NA which was attached to a taxi. The nature and criminality of the crime is not easy. The Defendant has a record of being suspended from indictment on the condition of completion due to the violation of the Act on the Control of Narcotics, etc. (flavo), etc.

However, the defendant only consumed narcotics by himself and did not distribute them, and seems to have scarcityd severe fears due to narcotics, and caused the losses of the cab driver who was the victim. The above victim did not want the punishment of the defendant.

In addition to these various circumstances, taking into account the following circumstances, the Defendant’s age, character and conduct and environment, motive and consequence of the crime, circumstances after the crime, etc., the sentence shall be determined and the execution of the sentence shall be suspended as ordered within the scope of recommended punishment according to sentencing guidelines, and the probation, etc. imposed by the special number of matters (the probation officer’s administration of narcotics, etc., smoking, and taking-in etc.) shall be ordered to prevent recidivism.

Judges

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

Note tin

1) Since the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of lsD against Defendant A and the crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the purchase of EX posters, the sentencing guidelines are not applied to the crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the purchase of more heavy lsD, the sentencing

Attached Form

A person shall be appointed.

A person shall be appointed.

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