2013Gohap1472 Violation of the Act on the Control of Narcotics, etc. (fence) 1

A

Kim Jong-Hun (Lawsuit, Public Trial)

Law Firm B

Attorney in charge C

March 20, 2014

A 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 three years from the date this judgment becomes final and conclusive.

The seized 5F-UR-144(3g unit packings) 25 (Evidence 1), MPHP (3g unit packings) 40 (Evidence 2), 1 (Evidence 3) box of an international express postal item whose narcotics are concealed shall be confiscated.

Criminal History Office

The defendant is not a person handling narcotics.

Nevertheless, on June 12, 2013, the Defendant: (a) set the place where the Defendant sold temporary psychotropic drugs through the 5F-UR-144 (hereinafter referred to as “Synthetic marijuana”) via “D (E); (b) around 23:00 on the same day, the Defendant ordered a synthetic marijuana with KRW 1,50,000,000 to the seller of the above name in front of the mutual convenience store located near the F Station in Seoul, Jung-gu; and (c) ordered the above synthetic marijuana with approximately 75 grams in a foreign country by ordering the above name in an unrefluencing manner; and (d) on July 12, 2013, the Defendant concealed the said synthetic marijuana in an international special class-level mail, and arrived at the port of Mapo-si from Japan.

After that, around 10:35 on July 19, 2013, the Defendant received international express postal items containing approximately 75g of the above synthetic marijuana in the office of 1809 office in Jongno-gu Seoul Metropolitan Government G Building.

Accordingly, the defendant purchased synthetic marijuana from the person who was not his name.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the detection of synthetic marijuana (5F-UR-144) using Japanese express international postal items, reports on the results of analysis, replys to analysis, inquiries into ems whereabouts, and notices of the Ministry of Food and Drug Safety;

1. Photographs of seized articles;

1. Seizure records;

Application of Statutes

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

Articles 58(1)3, 3 subparag. 5, 2 subparag. 3 (a), and 5-2(5) of the Narcotics Control Act

2. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered as favorable among the reasons for sentencing):

3. Suspension of execution;

Article 62(1) of the Criminal Act (The following factors shall be considered as being favorable for sentencing)

4. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

Reasons for sentencing

[Scope of Punishment] Imprisonment of not less than two years and not more than 6 months but not more than 15 years;

[Determination of Types] Trade assistance, etc. in the trade of narcotics, and items (a) of narcotics;

[Special Emotionals] Reductions: Where there are extenuating circumstances especially in relation to the commission of a crime or motive for a crime.

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Two years to six years

【General Emotionals / mitigated elements: No history of criminal punishment

【Suspension of Execution】

○ Major reasons for entry: positive (no record of criminal punishment)

○ Reasons for general participation: positive (indecent reflective)

[Determination of Sentence] Three years of suspended execution in two years and six months of imprisonment;

The Defendant, while recognizing that the instant synthetic marijuana is a substance of a narcotics that causes the stegrative state, purchased the instant synthetic marijuana, and thus, cannot be deemed to be disadvantageous to the nature of the crime.

However, the defendant's primary offense is divided and reflected in depth of his mistake. The synthetic marijuana of this case is designated as temporary narcotics around May 21, 2013, which is the first month prior to the defendant's commission of the crime of this case. The synthetic marijuana of this case is relatively dangerous and less harmful to the defendant, taking into account all the circumstances favorable to the defendant, such as the circumstances favorable to the defendant, such as the defendant's age (48 years old), character, conduct and environment, motive, means and consequence of the crime, etc., and the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., the sentence shall be set as the order, and the execution of the sentence shall be suspended only once.

The presiding judge, the senior judge;

Judges Yang Sung-tae

Judges Shin Young-ju

1) As long as a person is found guilty of violating the Act on the Control of Narcotics, etc. (fence) due to purchase, it shall not be judged separately as to the violation of the Act on the Control of Narcotics, etc. (fence) due to imports