2017Gohap826 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Kim Jong-sung (prosecutions) and Gangwon-gu (Public trial)

Attorney B (Korean National Assembly)

September 15, 2017

A defendant shall be punished by imprisonment for not less than eight months.

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

The probation shall order the accused to receive probation and pharmacologic treatment for 40 hours.

360,000 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

Despite the fact that the Defendant is not a narcotics handler, he handled the marijuana as follows:

1. Purchasing marijuana;

A. On February 6, 2017, the Defendant: (a) decided to purchase marijuana for the sale of marijuana, E, F (hereinafter referred to as “D, etc.”) and marijuana through “C”; (b) transferred approximately 0.1463677BC to the bitco-in address G, the bitco-in known by D, etc.; and (c) found approximately 1g of marijuana to be the electronic unit of residence near the Gangnam-gu Seoul Metropolitan Government Seo-gu, Seoul.

B. On February 91, 2017, at around 22:19, the Defendant transferred 0.1449628BTC (Korean), H, Bitcoin address H, Bitcoin, and at around February 15, 2017, at around 02:00, the Defendant found approximately 1g of marijuana in the electronic short box of a house near the Gangdong-gu, Gangdong-gu, Seoul.

Accordingly, the defendant purchased marijuana twice.

2. Smoking marijuana;

A. On February 7, 2017, the Defendant: (a) around 01:00 on February 7, 2017, Gangnam-gu Seoul (Seoul, the Defendant: (b) put about about 1g of marijuana in the Defendant’s residence, made the marijuana tobacco after deducting the smokes in one cigarette, and smoked as smoking.

B. At around 22:00 on February 16, 2017, the Defendant smoked approximately 0.5g of marijuana in the aforementioned manner in Gangnam-gu Seoul High Court, as if he smoked.

C. On March 2017, the Defendant smoked approximately 0.5g of marijuana in the above way at the Defendant’s residence, as if he smoked.

Accordingly, the Defendant smoked marijuana three times.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police statement made to F, E, and D;

1.The investigation report;

1. A copy of the screen of co-co-pier electronic tag, a copy of each non-co-co-owner's detailed transactions, and subscription to and data on transactions;

1. Written confirmations, written confirmations at the time of urine examination, and written appraisal of narcotics;

Application of Statutes

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

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

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 1-2 of the Act on the Control of Narcotics, etc. (Concurrent Crimes for Punishment of Narcotics, etc.) concerning the Purchase of Cannabis as stated in Article 38 (1) 2 of the Criminal Act]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Resumed Circumstances in favor of the above)

1. Orders for probation and education;

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Calculation of Surcharge 2] The total purchase price of marijuana in its holding: 3.60,000 won (=180,000 won + 1.80,00 won)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of punishment: Imprisonment with prison labor for up to six months from June 22;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime and concurrent crime 1 - Violation of the Act on the Control of Narcotics, etc. ( marijuana) by the purchase of marijuana;

[Scope of Recommendation] Reduction Area of Type 2 (Sariju, Do administration, item (b) and (c), etc.) including trade mediation, etc.

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

(b) 2 concurrent crimes - Violation of the Act on the Control of Narcotics, etc. (marijuries) by smoking;

[Scope of Recommendation] Medication, simple possession, etc., the basic area (such as marijuana, natives (d) and (e))) of Category 2

【Special Convicted Person】

(c) Final sentence scope based on the standards for handling multiple crimes: Imprisonment from 8 months to 2 years (the imprisonment with prison labor for one year and 6 months which is the upper limit of the scope of punishment for the first concurrent crimes and the imprisonment with prison labor for nine months which is 1/2 of the upper limit of the scope of punishment for the second concurrent crimes and for one-third of the upper limit of the scope of punishment for the second concurrent crimes); and

3. Determination of sentence: Two years of a suspended sentence for eight months;

The defendant purchased and smoked marijuana of about 2g, and in light of the frequency of the crime, the type and quantity of the purchased narcotics, etc., the quality and circumstances of the crime are not less light.

However, in light of the following circumstances: (a) the Defendant recognized all of his/her criminal acts and did not repeat the crime; (b) appears to have purchased marijuana for smoking purposes; (c) the Defendant appears to have no record of criminal punishment; and (d) the Defendant’s age, character and conduct, family relationship; (b) motive and circumstance of each of the instant crimes; and (c) the motive and circumstance of each of the instant crimes; and (d) the sentence is determined as indicated in the text and its execution is suspended; and (e) probation is ordered to prevent recidivism.

The presiding judge, judges, and the Yellow Constitution

Judges Jong-jin

Judges Kim Jae-han

1) The indictment shall be corrected because it is written in 2.29, and it is deemed to be a clear clerical error.

2) Since each of the crimes of smoking marijuana listed in Paragraph 2 of the holding, as shown in Paragraph 1 of the holding, smoked marijuana purchased as stated in Paragraph 2 of the holding, its value shall not be collected for each of the crimes listed in Paragraph 2 of the holding.