2018Gohap1231 Narcotics Control Act, etc. (fence) and the Control of Narcotics, etc.

Violation of the Act (Cannabis)

A

Book purification (prosecution) and Kim Ho-young (public trial)

Attorney Kim Don, Justice Kim Don, Counsel for the plaintiff-appellant

January 31, 2019

A defendant shall be punished by imprisonment for two years.

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

The defendant shall be ordered to be put on probation, to provide community service for 120 hours and to take pharmacologic treatment for 40 hours.

Seized evidence Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, and 18 shall be confiscated.

1,489,666 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with psychotropic drugs such as Meart cancer (hereinafter referred to as 'Handphonephone'), Kenya, and marijuana as follows:

1. Purchase, receipt, medication, and smoking of marijuana;

A. At around 02:00 on August 14, 2018, the Defendant injected approximately 0.1g of philopon, which is received from D, at C’s main points located in Sanyang-si, Sanyang-si, Sanyang-si, into a single-use injection instrument, dilution with water, and then injected the Defendant’s spopon into the Defendant’s arms, and injected approximately 0.1g of philopon to E and F in the same manner.

Accordingly, the Defendant, in collusion with E and F, administered philophones.

B. On August 14, 2018, the Defendant decided to purchase philopon from a nameless person who became aware of via the Internet, remitted the purchase price of KRW 800,000 to a philopon account known by the said seller at around 09:00, and around that time, the said seller took approximately 1 g of philopon, which was hidden in the flopon of the non-resident housing in Gangnam-gu, Seoul.

Accordingly, the defendant purchased approximately 80,000,000 won of 1g of philophone from a nameless person.

C. On August 14, 2018, at around 10:00, the Defendant inserted approximately 0.1g of philopon into a disposable in the H of the building located in Gangnam-gu Seoul Metropolitan Government, which is the F’s residence, in a single-use injection period, dilution with water, and then injected the Defendant’s arms into the Defendant’s arms, and injected approximately 0.1g of philopon to E and F in the same manner.

Accordingly, the Defendant, in collusion with E and F, administered philophones.

D. On November 14, 2018, the Defendant decided to purchase philopon from a person who was aware of via the Internet. On November 14, 2018, the Defendant remitted the purchase price of KRW 1.2 million to a philopon account known by the said seller, and on the same day, around 04:00, the said seller carried approximately 2 g of philopon, which was concealed under the backline of the Seoul Gwanak-gu, Seoul Special Metropolitan City’s New-dong Housing.

Accordingly, the defendant purchased approximately 2g 1.2 million won from a nameless person.

E. On November 14, 2018, the Defendant: (a) inserted approximately 0.1g of philopon into a single-use injection machine in Gangnam-gu Seoul Metropolitan Government Officetel J, the Defendant’s residence; (b) dilution with water; and (c) administered them in a way of injection into the Defendant’s arms blood cells.

F. On November 27, 2018, the Defendant: (a) inserted approximately 0.1g of philopon into a one-time injection machine at the residence of the said Defendant; (b) injected the Defendant’s arms with water; (c) injected it into the Defendant’s arms; (d) made the marith on the hemp smoking machine made by the crops; and (e) allowed the Defendant to pass through water located in the crops, and inhaled the smoke caused by heating it into a crop.

Accordingly, the Defendant administered philophones, and smoked marijuana.

2. Purchase of marijuana and Kenya;

A. On November 2018, the Defendant decided to purchase marijuana from a person who was aware of via the Internet, and transferred 180,000 won to a non-account known by the said seller as the purchase price for marijuana, and then the said seller purchased marijuana with approximately 1g of marijuana, which was concealed in the construction site located in the new city of Sungnam-gu, Sungnam-gu.

Accordingly, the defendant purchased approximately 1g of hemp from his name-free persons in the amount of KRW 180,00.

B. On November 22, 2018, the Defendant decided to purchase marijuana and Kenyas from the said seller, and transferred KRW 360,000,000,000 as the purchase price for marijuana, and KRW 1,360,000,00 in total, as the purchase price for marijuana, to the non-bank account known by the said seller. On November 12, 2018, the said seller, around November 12, 2018, carried approximately 2g and 1.77g of marijuana and Kenyas that the said seller concealed in the building.

As a result, the Defendant purchased approximately 2g and approximately 1.77g of hemp and 1.360,000 won from the person who was not his name.

3. Possession of philophones, Kenyas, and marijuana;

On November 28, 2018, at around 16:48, the Defendant kept approximately 3.6 g of marijuana, which is contained in the Defendant’s residence in six part of a single-use injection machine in the small breathic snife, and approximately 1.98 g of marijuana, which is contained in the part of six part of a single-use injection machine in the small breathic snife, and two of vinyls, and kept approximately 1.77 g of marijuana, which is contained in the part of a plastic bag in the inner part of a wall, and kept approximately 0.7 mlife in the cell, which is contained in the part of two of a vinyl bag in the part of a cell, while keeping approximately 3.6 g of marijuana, which is contained in the part of two of a vinyl bag in the part of a cell.

As a result, the Defendant possessed approximately 0.92g philophones, approximately 5.58g , approximately 1.77g blopon, and approximately 1.4ml dilution in water.

A summary of the steam

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol on the accused and E;

1. An interrogation protocol of the police against the accused;

1. A copy of investigation report (date and time of crime, partial correction of place, and analysis of monetary details), seizure report (the steam list No. 4), seizure report (the steam list No. 5), investigation report (the location analysis of the station in which mobile phones are transmitted on the day of committing the crime), investigation report (the location analysis of the station in which mobile phones are transmitted on the day of committing the crime), investigation report (the distance between the place of crime and the location of the station in which mobile phones are transmitted on the day of the crime), investigation report (related to the analysis between the location of the station in which mobile phones are transmitted on the suspect's cell phone), investigation report (Attachment of data on analysis

1. Each written appraisal report;

1. The currency content, one CD, and the financial transactions of L Bank;

1. Search site and photographs of seized articles;

Application of Statutes

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

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(1)2, Article 4(1)3(b) of the Narcotics Control Act (the purchase, sole medication, possession, purchase, possession, and possession of the coponon, the purchase of the coponon, the purchase of the copon, the purchase of the copon, the possession of the copon, the choice of imprisonment), Article 61(1)4(a), and Article 3 subparag. 10(a) of the Narcotics Control Act (the purchase of the copon, the selection of imprisonment, the selection of imprisonment), Articles 59(1)7, and 3 subparag. 7(the purchase of the coponon, the purchase of the coponon), Article 61(1)6, and Article 4(1(1)2)2)

1. Commercial competition;

Article 40 of the Criminal Act (Article 2-2 of the Act on the Control of Narcotics, etc. at the time of sales, Article 40 (B) of the Act on the Control of Narcotics, etc., between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the punishment provided for the crimes of violation of the Act on the Control of Narcotics, etc. (math) with heavy punishment, each of the crimes of violation of the Act on the Control of Narcotics, etc. (math) and each of the crimes of violation of the Act on the Control of Narcotics, etc.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act and Article 2-2 (b) of the Decision with the largest holding

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

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

Article 62-2 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 45 years;

2. Scope of recommendations on the sentencing criteria: Article 2-2(b) of the Act on the Control of Narcotics, Etc., between the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring), the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) and the crimes of violation of the Act on the Control of Narcotics, etc., (flavo

3. Determination of sentence;

Since narcotics-related crimes are not easy to detect due to their characteristics, and the risk of recidivism is highly likely to cause harm that leads to the whole society as well as the relevant individuals due to their halluity, toxicity, etc., its illegality and possibility of criticism is high. The Defendant is not a large number of transfers of narcotics, etc. that have been purchased, administered, smoked, possessed, and handled. Considering the above circumstances, the Defendant’s liability for the crime is not easy.

However, there is no power and criminal punishment on the defendant. The defendant shows the form of recognizing and opposing the crime of this case. The defendant is still young age that can expect the improvement and edification of character and behavior, and the parents of the defendant want to be able to have a preference, and the social relation is also maintained.

In addition to the above circumstances, the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the arguments in the instant case, such as the motive, means and consequence of the crime, the circumstances after the crime, the defendant's age, character and conduct, environment, and family relationship.

The presiding judge, judge Kim Jong-tae

Judges Park Jae-ran

Judges Chief Democratic

A person shall be appointed.