2018Gohap609-1 (Separation), 938 (Joint)

(a) Violation of the Narcotics Control Act;

(b) Violation of the Narcotics Control Act;

(c) Concealment of criminals;

1.(b)A

2.(a)(c) B

3.(a)(c) C

4.(a)D

5.(a)(E)

Kim Jong-sung (prosecution) and Kim Goods (Trial)

Law Firm Ook (for the defendant A)

Attorney Kim So-young, Justice Kim Young-chul, Counsel for signal use, Lee Jong-chul, Justice Lee Jong-chul

Attorney Yang Ho-hee (the national election for Defendant B, C, and E)

Law Firm LLC (Defendant D)

Attorney Lee Jae-sik, Kim Jae-ho, and Park Jong-sik

January 30, 2019

Defendant A shall be punished by imprisonment for three years, by imprisonment for one year, by imprisonment for Defendant B and C, by imprisonment for one year and six months, by imprisonment for Defendant D, and by imprisonment for two years and six months, respectively.

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

Defendant B, C, D, and E order each of 40 hours of community service.

2) Two airbags (Seoul Central District Prosecutors' Office 2018 and 3089), one maDA1), 127.6gs (excluding appraisal consumptions), hemp 7.64gs (excluding appraisal consumptions 9), lsD 91 (No. 10), 12 52 airbags (5cm X10cc) 52 (No. 12), 100, 200 (No. 13,000), 15 (No. 13,000) 15 (No. 13,000), 13,000 (No. 16,000) 13,000 (No. 16,000) 13,000 (No. 8,000) 13,000) 15,000 (No. 15,000) 3,000) 143,000

9,77,600 won from Defendant A, 24,400 won from Defendant B and E, 3,000 won from Defendant C, and 894,400 won from Defendant D shall be collected respectively.

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

Maximum fact3)

Despite the fact that the Defendants were not the narcotics handler, they treated lsD, MDA (hereinafter referred to as 'one-time', hereinafter referred to as 'malutism'), and marijuana as follows:

"2018 Gohap609-1"

1. Purchase and smoking of marijuana by Defendant A and F;

The defendant purchased F and mariana and conspired to smoke together.

(a) Purchasing marijuana;

F In line with the foregoing public invitation, the F set the trading terms and conditions in contact with G, and the Defendant moved F to Seoul Gangnam-gu from March 2018 to March 22:00, after boarding the Defendant’s H rocketing car, to the Defendant’s operation. Since then, F purchased approximately 3g of hemp from G to KRW 3.60,000 in cash.

Accordingly, the defendant purchased approximately 3g of marijuana in collusion with F.

(b) Smoking marijuana;

Defendant and F: (a) on March 2018, 2018, during the same month, the Defendant and F were parked in the vicinity of the Seoul Gangnam-gu J building and the residence of Kdong F, and carried about approximately 0.5g of the drinking water cans and added 0.5g of the hemp purchased as above, and smoked marijuana over 10 times in a way of spreading it.

Accordingly, the Defendant smoked marijuana jointly with F.

2. Management of the defendant A's sunset;

When F was arrested around March 18, 2018, the Defendant: (a) contacted N from Gangnam-gu Seoul L Building M on the same day at around 20:02, and (b) made it difficult to contact N, as described in the following 12-b, about 160g of a smuggling, and sent N and Q around 20:38 at around 20:38, F’s color book containing approximately 160g of a 'P' located in Seocho-gu, Seoul.

From that time until May 15, 2018, the Defendant sent to the House of D in Sungnam-si R, Sungnam-si, and kept approximately KRW 160g of her death and managed it.

3. Acceptance by Defendant A’s more;

On April 2018, 2018, the Defendant issued one caps of caps, which had been parked in the vicinity of the residence of the Defendant, free of charge, to E, within the Buddhist vehicle parked in the vicinity of the residence of the Defendant, as set forth in paragraph (2) and paragraph (3) of the same Article.

In this respect, the defendant received a wound from E.

4. The smoking of marijuana made on May 13, 2018 by Defendant A

The Defendant, along with S on May 13, 2018, from around 14:00 to 15:00 on May 13, 2018, applied the marijuana of the amount of smoking once on the pipe around the marinam city, added a smoke, and dices the smoke.

Accordingly, the Defendant smoked marijuana jointly with S.

5. Purchasing marijuana from Defendant A and U;

Defendant A conspired to purchase marijuana with U.S., and U U has delivered 3,50,000 won in cash to the Defendant for the purchase of marijuana, and the Defendant prepared 1,20,000 won in total by adding 8,50,000 won in cash to the purchase price of marijuana.

At around 22:00 between May 15, 2018 and May 23, 2018, the Defendant purchased 20,000 won in cash from the sales of ‘W’ in Yongsan-gu Seoul, Yongsan-gu, Seoul to 1.20,00 won in cash, and then delivered approximately 7 g of the remainder except for 13 g of marijuana.

Accordingly, the defendant purchased marijuana in collusion with U.S.

6. Defendant A and U, E, or D’s sunset use.

On May 27, 2018, from around 05:31 to 05:51 on May 27, 2018, the Defendant, along with U, E, and D, injected the Defendant’s operation, which is moving from the Mazco distance of Samsung-dong, Gangnam-gu, Seoul to the 'Y’ surface, into the Zknex vehicle, into the Zkex vehicle, into the Zkex vehicle, into the Zkex vehicle, into the Zkex vehicle,

Accordingly, the defendant used Mari jointly with U, E, and D.

7. Joint use of narcotics by Defendant A and U, Q, C, B, E, D, and S

(a) Joint smoking in marijuana;

The Defendant, along with U, C, B, E, D, and S on May 27, 2018, from around 18:00 to around 06:00 on May 28, 2018, at the second floor of the Gyeonggi-si “Ashion” zone, the Defendant laid about 2g of marijuana to the smoking tool and tobacco pipe, wherein approximately 2g of marijuana was made from the second floor of the Gyeonggi-gun “Ashion” zone, and made it possible to spread and inhale the smoke by attaching fire.

Accordingly, Defendant A smoked marijuana in collaboration with U, C, B, E, D, and S.

(b) the joint use of mere,

The Defendant, together with U, C, B, E, D, and S, put two caps into a capsulule and administered water by drinking water at the same time and place as the foregoing paragraph (a).

Accordingly, the Defendant used morri jointly with U, C, B, E, D, and S.

C. Joint use of lsD

The Defendant, along with U, B, E, and D, attached lsd 1 to the ging, attached to the gring, etc. at the same time and place as the above paragraph (a).

Accordingly, the defendant used lsD jointly with U, B, E, and D.

8. Possession of the Defendant A’s narcotics

On May 28, 2018, the Defendant posted approximately 11.39g and approximately 30.51g of marijuana in the Z Costaex vehicle parked in the above penta parking lot at around 07:00.

Accordingly, the defendant possessed marijuana and sacrife simultaneously.

2018 Gohap938)

9. Trading of marijuana by Defendant A and Defendant D;

A. At around 01:10 on November 18, 2017, Defendant A received 40,000 won from Defendant D to the AC Bank account (AD) in the name of Women-Friendly AB under the name of Defendant AB for marijuana, and on November 20, 2017, at around 14:00, Defendant A deposited and sold the AE building and AFho-si with approximately 3g of hemp at Defendant D’s request from the convenience store located in the Gangnam-gu Seoul dong-gu, Seoul at around 14:0, at around November 2017. Defendant D purchased the marijuana after receiving it around that time.

B. On January 22, 2018, at around 01:13, Defendant A received 470,000 won from Defendant D to AH bank account (AI) in the name of Defendant A’s mother-friendly AG, and around January 14:00 on January 25, 2018, Defendant A consigned and sold marijuana to the address indicated in the above paragraph (a) at the convenience store located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and Defendant D purchased marijuana by receiving it from the above address around that time.

10. Smoking of marijuana by Defendant A and Defendant D;

On November 12, 2017, at around 01:00, Defendants: (a) laid a large amount of marijuana on the Aluminium cans, put a fire on the aluminium cans; and (b) smoked jointly with Amaits, by spreading smokes, at around 01:0.

11. The defendant D’s smoking of marijuana;

A. On November 2017, 2017, the Defendant: (a) around J apartment AK in the residence of the Defendant, J apartment AK, Jin-si; (b) laid 3g of large-scale narcotics on a aluminium cans; and (c) smoked as soon as possible by attaching a fire.

B. On January 2018, the Defendant smoked approximately 3g of marijuana in the above-mentioned manner at the residence of the Defendant, who was a Staff member of the lower court.

12. Import of narcotics by Defendant A;

(a) Revenues from patrolmen on February 2, 2018;

The Defendant, along with U, F, and N, conspiredd to import ls 50 et al. from Canada to Korea.

Accordingly, on February 28, 2018, U was sld 500 LSD and 0.5 g or more of sld d 500 LSD, which was sought from sales on his name in Canada in Canada, and N was able to conceal it to biological ties, and on February 28, 2018, N was on board the AL air at the international air port in the territory of the territory of Canada on February 28, 2018 and arrived at the Incheon National Port at around 0:01 on March 1, 2018.

Around that time, the Defendant and F: (a) laid N from the Defendant’s operation to the Incheon International Airport; (b) laid F in the foregoing vehicle with LSD 50; and (c) the Defendant received approximately KRW 0.5g from N.

Accordingly, the Defendant imported lsD 500 and approximately 0.5g in collusion with U, F, and N at the same time.

(b) Import from March 18, 2018

The Defendant, together with U, F and Q, conspiredd to import approximately 160g in Canada to import approximately 160g in Korea.

이에 따라 국내에서는 몰리가 수입되어 들어올 때를 대비하여 F은 몰리를 소분할 빈 캡슐을 인터넷으로 주문하고, 피고인은 위 빈 캡슐을 자신의 여동생에게 맡겨두었다. 캐나다에서는 Q은 미화 약 4,000불(한화 약 430만 원 상당)에 성명 불상의 판매상으로부터 결정 형태의 몰리 약 160g을 구입하였고, U은 Q에게 한국행 비행기 티켓을 사준 후 2018. 3. 중순 무렵인 출국 전날 Q으로부터 받은 몰리를 빻아 가루로 만든 다음 Q의 성기 인근에 테이핑하는 방법으로 몰리를 은닉하고 Q을 위 캐나다 토론토 국제공항에 데려다주었다.

Q on March 18, 2018, when hiding as above, boarded at the international port of the territory of the new wall Canada on March 18, 2018, and arrived at the Incheon National Port at around 14:00, and passed through the Customs Search Team.

Accordingly, the Defendant imported approximately KRW 160g in collusion with U, F, and Q.

13, Defendant C, and Defendant B attempted to purchase marijuana with F around 20:0 on March 18, 2018, and the F was discovered by a wide-area investigation officer in Seoul Special Metropolitan City, and arrested him. As the H vehicle was arrested, around 23:58 on the same day, Defendant C, and Defendant B escaped to the Plaintiff’s residence in Sungnam-si R and the first floor.

Although the Defendants knew that A was a criminal committing a crime involving narcotics, etc., they concealed the Defendants by allowing A to reside in the said residence from March 18, 2018 to May 27, 2018.

As a result, the Defendants concealed a person who jointly commits a crime subject to a fine or heavier punishment.

14. Acceptance and use of Defendant E’s sunset;

A. As referred to in paragraph 3, the Defendant received it after having been issued one ruling of sunset by A.

B. At around 18:00 to 12:00 between May 1, 2018 and May 12, 2018, the Defendant administered the foregoing 1 set-off with water around 18:0 to 19:00 between the Defendant and the Defendant’s dwelling in Gangnam-gu Seoul Metropolitan Government NN building A0.

15. Use of Defendant B, D, or E’s sunset, etc.

The Defendants administered ls at the same date, time, and place as in paragraph (6) by inserting one lsd into a lsd and drinking water, and Defendant D and E administered one shotly as in paragraph (6).

Accordingly, the Defendants jointly used lsD, and Defendant D and E jointly used ls.

16, Defendant C, Defendant B, Defendant E, and Defendant D’s use, etc.

(a) Smoking marijuana;

The Defendants jointly smoked marijuana as stated in paragraph 7(a).

(b) Use of sunset;

The Defendants, at the same time and place as Paragraph 7(b), were jointly used in such a way as to take the water together with water after being issued one set of sunset at the same time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's examination protocol of U, Q, F, and N;

1. A copy of the second police interrogation protocol against S;

1. Each protocol of seizure and list of seizure (No. 16, 17, 23, 24)

1. A narcotics appraisal statement (2018-H0998);

1. A letter of request for appraisal (2018-H-1001), a narcotics appraisal report (2018 Gohap938 No. 83,84, 85, 86, 102, 104, 105, 107, 111);

1. Details of account transactions (the list of evidence No. 2018 Gohap938)

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A

Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 59(1)5 and Article 3 subparag. 5 of the Narcotics Control Act, Article 2 subparag. 3 (a) of the Act on the Control of Narcotics, Etc. (the point of management at 160g in sunset, the point of possession at 30.51g in sunset), Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3 (a) of the Narcotics Control Act (the point of purchase of marijuana), Article 59(1)5, Article 3 subparag. 5, Article 2 subparag. 3 (a) of the Criminal Act, Article 30 of the Act on the Control of Narcotics, Etc., Article 30 (1) 30 (a) of the Act on the Control of Narcotics, etc., Article 16(1)7 subparag.

B. Defendant B

Articles 151(1) and 30 of the Criminal Act; Articles 59(1)5, 3 subparag. 5, and 2 subparag. 3(a) of the Narcotics Control Act; Article 30 of the Criminal Act (the point of using lsD; the point of jointly using lsds); Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act; Article 30 of the Criminal Act (the point of smoking marijuana)

C. Defendant C.

Articles 151(1) and 30 of the Criminal Act, Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 59(1)5, Article 3 subparag. 5, and Article 2 subparag. 3(a) of the Narcotics Control Act, Article 30 of the Criminal Act

D. Defendant D.

Articles 59(1)7, 3 subparag. 7 (the point of purchase of marijuana), 61(1)4 (a), and 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 (the point of joint smoking in marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Criminal Act, Article 61(1)4 (1) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 59(1)5, Article 3 subparag. 5, Article 2 subparag. 3 (a) of the Narcotics Control Act, Article 30 (the point of use of lsD, etc.) of the Criminal Act

E. Defendant E

Articles 58(1)3, 3 subparags. 5, 2 subparag. 3 (a) of the Narcotics Control Act, Article 59(1)5, Article 3 subparag. 5 of the Narcotics Control Act, and Article 2 subparag. 3 (a) (a) of the Act on the Control of Narcotics, Etc.), Article 59(1)5, Article 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 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act

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. by holding marijuana and the crime of violation of the Act on the Control of Narcotics, etc. (flavoring), the punishment of violation of the Act on the Control of Narcotics, etc. (flavoing), the punishment of violation of the Act on the Control of Narcotics, etc. (flavoing), the punishment of violation of the Act on the Control of Narcotics, etc. (flavoing), the punishment of violation of the Act on the Control of Narcotics, etc. (flavoing), the punishment of violation of the Act on the Control of Narcotics, etc. (flavovoing)

1. Selection of punishment;

A. Defendant A: Imprisonment with respect to the crimes of violation of the Act on the Control of Narcotics, etc. (flavoor), violation of the Act on the Control of Narcotics, etc. (flavoor), violation of the Act on the Control of Narcotics, etc. (flavoor), and violation of the Act on the Control of Narcotics, etc. (flavoor) due to lsD import, and violation of the Act on the Control of

B. Defendant B: Selection of imprisonment with prison labor for the crime of harboring an offender, and the crime of violating the Act on the Control of Narcotics, etc.

C. Defendant C: Selection of an imprisonment with prison labor for a crime of harboring an offender, or a crime of violating the Act on the Control of Narcotics, Etc.

(d) Defendant D: Selection of an imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (mariju) by smoking marijuana;

E. Defendant E: each choice of imprisonment with prison labor on a crime of violation of the Act on the Control of Narcotics, etc. (fence) due to a remote waterway, and imprisonment with prison labor on a crime of violation of the Act on the Control of Narcotics

1. Aggravation for concurrent crimes;

(a) Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment provided for in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the importation of ls 500, which is the largest punishment and punishment);

(b) Defendant B: the former part of Article 37, and Articles 38(1)2 and 50 of the Criminal Act (an aggravated punishment as provided for in the provisions of the Act on the Control of Narcotics, etc. (or an aggravated punishment for concurrent crimes) due to the use of the heavy sunset);

(c) Defendant C: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, which is the largest penalty, shall be deemed concurrent crimes (within the scope of adding up the long-term punishment of the crime of concealment of the offender and the crime of violation of the Act on the Control of Narcotics, etc. (math) by smoking marijuana)

(d) Defendant D: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a person who commits concurrent crimes with the punishment provided for in the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the use of sunset as provided for in Article 16-2 (b) of the Judgment with the largest punishment);

(e) Defendant E: A person who commits concurrent crimes in violation of the Act on the Control of Narcotics, etc. (referring to concurrent crimes in violation of the Act on the Control of Narcotics, etc.) due to flooding waterways with the largest penalty provided for in the former part of Article 37, Article 38 (1) 2, and

1. Discretionary mitigation;

Defendant A and E: Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Defendant B, C, D, and E: Article 62(1) of the Criminal Code

1. Social service order;

Defendant B, C, D, and E: each Criminal Code Article 62-2

1. Confiscation;

Defendant A: The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

Defendants: the proviso of Article 67 of the Narcotics Control Act

【Grounds for Calculation of Amount of Surcharge】

A. Defendant A: KRW 9,777,600 (= KRW 360,00 + KRW 9,000 + KRW 8,538,600 + KRW 870,00)

(a) Purchase and smoking of marijuana as indicated in paragraph (1): 360,000 won for the purchase price;

2) The importation, management and possession of sub-paragraph 2, 8, and 12(b) of the ruling: the seizure and collection shall not be made.

3) The value of the 3,6,7-B, 12-2(a) of the ruling is insufficient to calculate the price of cancer transactions, and thus the value is not collected as a penalty because there is a lack of evidence to estimate the price of cancer transactions.

4) 3 times of marijuana as indicated in the holding Nos. 4, 7-A, 10: 9,000 won (=3 times of smoking for one time 3,000 wonx)

(v)for the purchase of marijuana in Paragraph (5) of the holding: Seizure and collection shall not be made;

6) 8,538,600 won in the case of the first port LSD import and use of the judgment No. 7-C. 12

= 1 = 21,400 X 399 (Import 500 - Chapter 91 seized in the instant case - Chapter 10 Chapter 4)

7) Sale of marijuana in Paragraph 9 of the holding: 870,000 won for sale (i.e., Paragraph 9-a., Paragraph 400,000 + Paragraph 9-b. 470,000)

B. Defendant B: 24,400 won (=21,400 won + 3,000 won)

1) 21,400 won for ls 15 of the judgment

(b) Smoking marijuana of No. 16(a) holding: 3,000 won;

3) Use of sunset of section 16(b) of the holding: It is insufficient to prove that the price of rock trading is assessed, and thus, it is not collected as a penalty.

C. Defendant C: 3,000 won

(a) Smoking marijuana as shown in its holding No. 16: 3,000 won;

2) Use of sunset of section 16(b) of the holding: It is insufficient to prove that the price of rock trading is assessed, and thus, it is not collected as a penalty.

D. Defendant D: 894,400 won (=870,000 won + 3,000 won + 21,400 won)

1) Purchase and smoking of marijuana 9, Paragraph 11 of the holding: Purchase price of KRW 870,000 (=paragraph 400,000 + Paragraphs 9-b 470,000)

(b) Smoking of marijuana as provided in paragraph (10) of the holding: 3,000 won;

3) Use of sunset Nos. 15 and 16(b) of the holding: lack of evidence to calculate the price of cancer transactions, and thus, the value is not collected as a penalty.

4) 21,400 won in the holding ls 15(SD 1)

E. Defendant E: 24,400 won (=21,400 won + 3,000 won)

1) Acceptance and use of sub-paragraph 14, 15, and 16-b in its holding: The value is not collected as a penalty because there is a lack of evidence to calculate the price of cancer trade.

2) 21,400 won in the holding 15 lsD 1:

(iii) Smoking marijuana as shown in its holding No. 16(a): 3,000 won

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A and E: Imprisonment for 2 years and 6 months to 22 years and 6 months;

(b) Defendant B and D: Imprisonment with prison labor for up to 45 years;

C. Defendant C: Imprisonment with prison labor for one year to 38 years

2. Scope of recommendations according to the sentencing criteria;

A. Defendant A

1. 1 and 2 crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (psychotropicism) due to respective imports;

[Determination of Type] Manufacturing, etc. of Import and Export of Narcotics (Narcotic drugs, perfumea (b), etc.)

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

2. Third-party crime: Violation of the Act on the Control of Narcotics, etc. (psychotropicism) by waterway; and

[Determination of Type] Trade assistance, etc. in the trade of narcotics, Type 3 (Narcotic drugs, perfumea, etc.)

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

3) The scope of final sentence according to the standards for handling multiple crimes

From 4 years to 12 years of imprisonment;

B. Defendant B

1. Crimes 1 and 2 of the Act on the Control of Narcotics, etc.: Crimes of violating the Act;

[Determination of Types] Simple Possession, etc. of Medication 4

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

2. Third offense: The offense of violation of the Act on the Control of Narcotics, etc. ( marijuana); and

[Determination of Type] 2 Medication, simple possession, etc. of narcotics (ma)

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

3) The scope of the final sentence according to the standards for handling multiple crimes

From one year to five years of imprisonment;

C. Defendant C.

1. Class 1 crime: Crimes of violating the Act on the Control of Narcotics, etc.; and

[Determination of Types] 4 Medication, Simple Possession, etc. of Narcotics (Narcotic drugs and perfumesa, etc.)

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

2. Second offense: the offense of violation of the Act on the Control of Narcotics, etc. ( marijuana); and

[Determination of Types] 2 types (ma) such as marijuana, flavoring (d items (e) and (e), etc.) of medication, etc.)

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

3. Third offense: An offense of harboring an offender;

[Determination of Punishment] Type 1 (Harboring and Escape of Criminals) of Escape and Concealment of Criminals

[Scope of Recommendation] From April to one year (Basic Area) of imprisonment

4) The scope of final sentence according to the standards for handling multiple crimes

From 1 to 4 years of imprisonment;

D. Defendant D

1. Crimes Nos. 1, 2, and 3: Crimes of violation of the Act on the Control of Narcotics, etc. (psychotropicism);

[Determination of Types] 4: Simple possession, etc. of medication (narcotics; Ga. Ga.)

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

2) The scope of final sentence according to the standards for handling multiple crimes

From 1 to 5 years of imprisonment;

E. Defendant E.

1. Class 1 crime: A crime of violation of the Act on the Control of Narcotics, etc. by waterway; and

[Determination of Types 3] Trading, arranging, etc. for Narcotics (narcotics, Gaol A. Record, etc.)

[Special Escopics] Reductions: Purchasing or receiving for simple possession of medications.

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

2. Second and third crimes: Crimes of violating the Act on the Control of Narcotics, etc. (psychotropicism) due to use; and

[Determination of Types] 4 Medication, Simple Possession, etc. of Narcotics (Narcotic drugs and perfumesa, etc.)

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

3) The scope of the final sentence according to the standards for handling multiple crimes

From June to June of 2 years and six months of imprisonment;

3. Determination of sentence;

Crimes related to narcotics are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative effects on the society as a whole due to decilability, toxicity, etc.

A. Defendant A

There is no record that the defendant was punished for the same crime, and the defendant's family members and branch members have shown an attitude to recognize and reflect the crime of this case, and they appeal against the defendant.

However, the Defendant appears to have remitted a considerable amount of money to U with respect to narcotics imported for sale, and provided the principal place to commit the instant narcotics crimes throughout the entire course of the instant crime while possessing and driving a vehicle among the accomplices. The Defendant, even after having been arrested in the course of the transaction of narcotics, escaped and managed ls imported for two months, managed ls and male, and brought several persons in the course of flight into the crime of narcotics, etc., thereby spreading the crime of narcotics. The Defendant, despite being aware of the conviction of F, was committed with several accomplices, committed a crime of using narcotics, etc., with the knowledge of the conviction, and tried to induce accomplices to make a false statement in the course of the investigation, and attempted to destroy evidence.

B. Defendant B

The defendant knew that he is a narcotics crime, thereby hiding him, and going to commit the narcotics crime.

However, the defendant seems to have used narcotics, etc. in the first time with the first time, and shows the attitude to recognize and reflect the crime of this case.

C. Defendant C

The defendant knew that he is a narcotics crime, thereby hiding him, and going to commit the narcotics crime.

However, the defendant did not have any history of punishment for the same crime, and seems to have used narcotics, etc. in the first time, and shows the attitude to recognize and reflect the crime of this case.

D. Defendant D

The Defendant directly purchased and smoked marijuana through A, and used lsD and salking with many accomplices, and smoked marijuana.

However, the Defendant did not have the history of criminal punishment, and the purchased marijuana used only for personal smoking purposes. The Defendant appears to have used narcotics, etc. in the first instance, and shows the attitude to recognize and reflect the instant crime.

E. Defendant E

The Defendant received and used slance from A, and used lsD and sloom together with various accomplices, and smoked marijuana.

However, the Defendant has no record of criminal punishment, and used narcotics only for personal medication. The Defendant appears to have used narcotics, etc. in the first time, and shows the attitude to recognize and reflect the instant crime.

In addition, the defendants' age, health, character and conduct, family relations, the motive and circumstances of the crime of this case, and the situation of crimes in the records of this case shall be determined as ordered by considering the various sentencing conditions shown in the records of this case.

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins

1) The name of the list of seized articles is indicated as MDMA, but the same applies to MDA.

2) The general list of seized objects of the instant records indicated MDA, marijuana, and ls as being subject to requests for appraisal and appraisal, but they were sent after appraisal.

3) Some of the facts charged were revised to the extent that the Defendants’ right of defense is not infringed.

4) It was seized in this Court 2018 Gohap31