2017Gohap541, 799 (Joint), 949 (Joint), 1048 (Joint)

(a) Violation of the Narcotics Control Act;

(b) Violation of the Narcotics Control Act;

1.(a)(b)

A

2.(a)(b)

B

3.(a)(b)

C

4.(a)

D

Kim Jong-sung (prosecution) and Kim Jae-heat (Trial)

Attorney E (for the defendant A)

Law Firm F, Attorneys G, and H (Defendant B)

Attorney I (National Election for Defendant C)

Law Firm J, Attorney K (Defendant D)

November 17, 2017

Defendant A shall be punished by imprisonment with prison labor for a year and ten months; imprisonment with prison labor for Defendant B; imprisonment with prison labor for a year and six months; imprisonment with prison labor for Defendant C; and imprisonment with prison labor for a year and two months.

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

The probation of Defendant B and C for each two years and the community service for 160 hours shall be ordered respectively.

8,728,00 won from Defendant A, 5,189,000 won from Defendant B, 726,000 won from Defendant C, and 3,490,000 won from Defendant D shall be collected respectively.

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

Criminal facts

【Criminal Power】

On August 24, 2017, Defendant A was sentenced to imprisonment for one year with prison labor for a violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection (Defamation), etc. at the Seoul Central District Court (hereinafter “Seoul Central District Court”), and the said judgment became final and conclusive on September 9, 2017.

【Criminal Facts】

Despite the absence of the eligibility to handle the narcotics, the Defendants handled the following psychotropic drugs such as Metropha (hereinafter referred to as 'phiphonephones'), MDMA (hereinafter referred to as 'Epgrams'), Kenya and marijuana:

"2017 Gohap541"

1. Joint criminal conduct by Defendant A and B;

A. At around 19:00 to 20:00 as of October 2015, the Defendants, along with L, put one X-si in the dwelling place of the Gangnam-gu Seoul Metropolitan Government Mtel Mtel Mtel 1303, put them together with water, put the liquid of the Kenya which was kept in the drinking water, put them together with water, put them into a white powder, brea the crym, dump, dump, dump, dump, dump, dump and dump the dump, dump, dump, and dump the dump to the carpet.

Accordingly, the Defendants, in collusion with L, administered X-gu and Kenya, and smoked marijuana.

B. On October 24, 2015, at around 23:00 on October 24, 2015, the Defendants, along with L, put L in the first floor of the 'the first floor of the Busan Ngu NG, Busan, and dice together with water.

As a result, the Defendants conspired with L to administer the X-mail.

C. The Defendants, at around 10, 2015. 10, 26. 21:00 along with L, put the Defendants into the Republic of Korea one at the X-gu at the place of residence of the above L, and dice together with water.

As a result, the Defendants conspired with L to administer the X-mail.

D. The Defendants, at around 20:00 as of November 2015, left L and P, with L and P, on the upper day of 20:0, the instant Mtel 1102 P’s residence, put the fluoral phone on the day of gambling, put the fluor into the fluor, put the fluor into the fluor as soon as possible, and drinking the fluor.

Accordingly, the Defendants conspired with L/P to administer philophones.

E. At around 01:00 on December 4, 2015, the Defendants, along with L, Q, and nameless Q male-friendly room, put the Defendants into a “S hotel” club located in Seocho-gu Seoul Metropolitan Government R, one set of X-si at the “S hotel” line in Seocho-gu, Seoul, and came into a water together with water.

Accordingly, the Defendants, in collusion with L, Q and the above-mentioned names, administered X-gu posters in collusion.

F. From around 12, 2015, around 04:30 on April, 2015, the Defendants, along with L, Q and the person in whose name the Defendants got dice by inserting a bad marijuana into the pipe per day in the dwelling of Q Q No. 409 of Gangnam-gu Seoul Metropolitan Government Seoul, and dynasing into the pipe by attaching the dynas.

As a result, the Defendants smoked marijuana in collusion with L, Q and above-mentioned persons.

G. The Defendants, along with L, dice at around 06:0 in January 2016, when 06:00, after dilution the X-gu in Gangnam-gu Seoul Metropolitan Government V Building 1003 into aquatic water and dice.

As a result, the Defendants conspired with L to administer the X-mail.

H. At around 04:30 on January 17, 2016, the Defendants, at the Gangnam-gu Seoul Metropolitan Government WW 'X LAC’, franchiscis franchiscis in the co-ina, and inhaled the franchiscis.

As a result, the Defendants conspired to administer Kenya.

I. The Defendants had the mind to purchase X-si, and on March 7, 2016, Defendant A asked Defendant B to use the X-gu 3-mail, and then Defendant B remitted KRW 240,000 to the new bank account of Defendant B. Thereafter, around March 23:30, 2016, the Defendants sent KRW 240,00 to Defendant B’s new bank account. At around March 23:30, 2016, the Defendants sent the Y building in Gangnam-gu, Seoul, the residence of Defendant B, and 307 as C’s Z’s Z’s Z.

As a result, the Defendants conspired to purchase the X-mail.

2. Joint criminal conduct by Defendant A and C

A. The Defendants, around 02:00 on August 16, 2014, put the “AB tourist hotel located in Gangnam-gu Seoul Metropolitan Government AA” into the BR club located in Gangnam-gu, and drank together with water.

As a result, the Defendants conspired to administer the X-mail.

B. The Defendants, along with Q and AC in February 2015, put approximately 0.5g of marijuana in the pipe of the Gangnam-gu Seoul Metropolitan Government U building 2302, the residence of Defendant C, and drank in the smoke.

As a result, the Defendants smoked marijuana in collusion with Qand AC.

C. On May 24, 2015, at around 02:40 on May 24, 2015, the Defendants, along with AC, requested Da to purchase the X-gu master, and then requested EX to seek the X-gu master, and at around 02:40 on May 24, 2015, the Defendants were 320,000 won for the Defendants, and AC delivered 80,000 won to D, respectively. The Defendants were 4 years for the X-gu master, and AC was delivered from D one for the X-gu master.

As a result, the Defendants conspired to purchase the X-mail.

3. Joint criminal conduct by Defendant A, C, and D

The Defendants, at around 02:40 on May 24, 2015, put 1/2 of the X-si in the above club AE, and dice together with water.

As a result, the Defendants conspired to administer the X-mail.

4. Defendant A’s crime;

A. The Defendant, along with AF and AG, 20:0 to 21:00 on April 2014, at the seventh floor of the Gangnam-gu Seoul Metropolitan Government AHtel, a residence of AF, left the pipe for the hemp, left the pipe for the hemp, left the pipe for the hemp, left the dynasium, and dye the delay.

Accordingly, the Defendant smoked marijuana in collusion with AF and AG.

B. At the beginning of November 2015, the Defendant 19:00-200 to 20:00, as well as AI, injected a large amount of brusium in the residence of the above L, and inhaled it into coaches.

As a result, the Defendant conspired with AI to administer the Kenya.

C. On November 1, 2015, the Defendant, along with L and AI, 19:0 to 20:00, at the residence of the above L, dynasium, dynasium and dynasium dynasium dynasium, and dynasium dynasium dynasium dynasium.

Accordingly, the defendant smoked marijuana in collusion with L and AI.

D. At around 20:00 in the middle of November, 2015, the Defendant, along with L, put one X-si into the residence of the foregoing L, drinked together with water, inhaled the Kenya as soon as possible, inhaled it into the Kenya, and dumping it into the Kapetro, and dumped together with a smoke.

Accordingly, the Defendant, in collusion with L, administered X-si and Kenya, and smoked marijuana.

E. On February 2016, the Defendant: (a) purchased AJ and Handphones and conspiredd to divide them into Bans; and (b) ordered the sales of BK Gadi’s non-phiphones to take one g of phi-phones; and (c) AJ transferred the amount of non-payment to the account known to the Defendant and the remitter’s personal information. Since then, the Defendant received half of phi-phones found at the place known to AJ by “AL.”

Accordingly, the defendant purchased phiphones in collusion with AJ.

F. On August 17, 2016, at around 03:00 on August 17, 2016, the Defendant: (a) confirmed the volume and price of opphones from the sales of opphones in Gangnam-gu Seoul Metropolitan Government’s “AO hotel in Gangnam-gu; and (b) came up with AM and AG’s payment of opphones. Since then, the Defendant transferred 1030,000 won of opphones to sales; and (c) found opphones at a place where the sales of opphones are known.

Accordingly, the defendant purchased philophones in collusion with AM and AG.

G. The Defendant, along with AM and AG, laid the instant philopon purchased at the same time, at a place above, on a day, set off the philopon, attached the laz with the laz, and inhaled it.

Accordingly, the Defendant, in collusion with AM or AG, administered philophones.

H. On August 18, 2016, at around 19:00, the Defendant sent an X-si 2 to AP located in the Jung-gu Seoul, Jung-gu, Seoul, where AM and AG stay, using “Z” in the above B’s residence, and received it free of charge.

In this respect, the defendant accepted X-si2).

5. Defendant B’s crime

A. On December 4, 2015, the Defendant, along with L, intended to purchase X-si from Q, was delivered to Defendant B at the above club at KRW 400,000,000 in cash, 2,000,000 in cash, and 1,000,000 won in cash, from Q, respectively.

Accordingly, the Defendant conspired with L to purchase an X-mail.

B. Around 04:30 on January 17, 2016, the Defendant was issued two Kenyas from AJ in cash at AJ in the above X-A.

Accordingly, the defendant purchased Kenya.

C. At around 23:00 on March 2016, the Defendant received 100,000 g of hemp from AJ in cash in front of the domicile of the AR Apartment in Gangnam-gu Seoul, Seoul.

Accordingly, the defendant purchased marijuana.

D. On June 1, 2016, around 06:00, the Defendant issued the AJ cash in front of the domicile of the said AJ, and received from AI 5 X-si and Kenya 1.

As a result, the Defendant purchased X-gu and Kenya.

E. On June 2016, around 22:00, the Defendant was issued 7,000 X-si at AJ in cash at the place of residence of the above Defendant.

Accordingly, the defendant purchased the X-si.

F. At around 2016, 13:00 on July 13, 100, the Defendant, at the above Defendant’s residence, dices a large quantity of marijuana into the Kaflame, and dye the smoke as soon as possible by attaching the raf to the raf.

Accordingly, the Defendant smoked marijuana.

6. Defendant C’s crime

A. On December 19, 2015, at around 19:00, the Defendant received free of charge a vinyl package containing a large amount of marijuana from AT from the Gangnam-gu Seoul Building 303, the Defendant’s residence.

Accordingly, the defendant accepted marijuana.

B. The Defendant, at the same time and at the same place as above, dump dump marijuana in the Kafa, dump, and dump as soon as possible by attaching the raf to the raf.

Accordingly, the Defendant smoked marijuana.

C. On March 7, 2016, the Defendant received 240,000 won from A to the Defendant’s new bank account upon receipt of a request from A for 3 years of X-gu 3,00,000 won. Since then, the Defendant requested D to purchase X-si 3, the Defendant included 2,40,000 won in cash in the mail of the above Defendant’s residence. On March 9, 2016, the Defendant sent 23:30,000 won to B’s residence.

As a result, the defendant assisted the sale of X-gu master.

7. Defendant D’s crime

A. Upon request by C, etc., the Defendant received 40,000 won in cash from AU on May 24, 2015 at around 00:0,00 on May 24, 2015 at the request of C, etc., and received 50,000 won in cash from AU on the alley located in Gangnam-gu Seoul Metropolitan Government. Since then, the Defendant received 40,000 won in cash from A, C, and AE on May 24, 2015, and delivered 5 years in cash to A, C, and C on May 24, 2015.

As a result, the defendant assisted the sale of X-gu master.

B. The Defendant received KRW 1.2 million from AY upon the request for harming AY to 15 years an X-si, and around 03:00 on June 9, 2015, the Defendant received KRW 80,000 from AU in the front of Seocho-gu Seoul Metropolitan Government, and received KRW 8-10,000,000 from AU.M. at the same place at around 03:10 on the same day.

As a result, the defendant assisted the sale of X-gu master.

C. The Defendant received 400,000 won from AY’s request for 7 years X-si and received 570,000 won in cash from AU on October 17, 2015, after receiving 40,000 won remittance from AY’s request, and then received 7,000 won in cash from AU on October 17, 2015. Since then, the Defendant sent 7:30 on October 17, 2015 to AY in the front of the Gangnam-gu Seoul Metropolitan City AX.

As a result, the defendant assisted the sale of X-gu master.

D. The Defendant sent 2.40,00 won in cash to C upon request of C for 3 purposes of claiming X-si, and then sent 2.40,000 won in cash to C, and notified AU of the residence of the above C on March 9, 2016 and sent 3:30,000 X-si.

As a result, the defendant assisted the sale of X-gu master.

"2017 Highly 799 (Crimes by Defendant D)"

E. On January 26, 2017, at around 01:37, the Defendant: (a) asked A, who was aware of a flatphone at the cash payment machine of the National Bank in Jung-gu Seoul, Jung-gu, Seoul, to seek a penphone; (b) transferred KRW 500,000 to the national bank account (B) in the name of BA, which is the account of the phiphone seller (BT user ID). At around that time, the Defendant sought approximately 0.5 g of the phiphonephone which the seller concealed from the building in the address address in Gangnam-gu Seoul, Seoul.

Accordingly, the Defendant conspiredd with A to purchase philophones.

F. On February 4, 2017, at around 03:39, the Defendant transferred KRW 500,000 to the national bank account (BD) in the name of BC (BD) known by A from the said national bank cash payment machine by the said method. At that time, the Defendant found approximately 0.5g of the philopon concealed by the said seller at a building in the address not exceeding Gangnam-gu Seoul, Seoul.

Accordingly, the Defendant conspiredd with A to purchase philophones.

"2017 Highly949 (Crimes A by Defendants A)"

1. Sale and purchase of phiphones;

The Defendant agreed to purchase Handphones through BE, AM, BF, etc. (hereinafter referred to as “BE, etc.”) and a typesetting app, AK, etc., with a view to purchasing Handphones, the Defendant conspireded to transfer or procure Handphones purchase price to AK to confirm the account to transfer Handphones purchase price and the place where Handphones are concealed; BE, etc. to transfer or procure Handphones purchase price; and the Defendant and BE, etc. to find Handphones together.

On November 20, 2016, at around 03:59, the Defendant sent KRW 500,000 to the national bank account (BD) in the name of the Republic of Korea (BI) in the name of the Republic of Korea (hereinafter “BH”) in Gangnam-gu Seoul, and confirmed the account to transfer the purchase price of the opon and the place where the opon was concealed, and BE wired KRW 500,000 to the purchase price of the opon in collusion with BE. The Defendant later purchased the opon 0.5g of the opon in collusion with BE.

From this point to April 16, 2017, the Defendant purchased philophones in collusion with BE, etc. on a total of ten occasions, as shown in attached Table 1.

2. Intermediation of trade of phiphones;

A. On January 26, 2017, upon D’s request, the Defendant deposited KRW 500,000 from the national bank account (B) in the name of BA in the first floor of the BJ building in Jung-gu Seoul, Jung-gu, Seoul, with the deposit of KRW 100,000 from the national bank account in the name of BA, and found approximately 0.5 g of the penphone from the addressless building in Gangnam-gu Seoul, Gangnam-gu. After that day, the Defendant sent the said penphone to D around 04:30 on the same day.

B. On February 4, 2017, upon D’s request, the Defendant deposited KRW 500,000 into the national bank account (BD) in the name of BC at the above national bank ATM machine on February 4, 2017, and notified D of the place where the honphone was concealed, the Defendant informed D of the place where the honphone was concealed, and had D find approximately 0.5 g of the honphone at around 04:30 of the same day.

Accordingly, the defendant arranged the purchase of D's penphones twice.

3. Medication of phiphones.

At around 05:00 on November 20, 2016, the Defendant: (a) opened a scalopon on the studio parking lot in Gangnam-gu, Seoul, the Defendant administered the scalopon at least 11 times in total, as shown in attached Table 2, from the time on April 16, 2017, by heating the scalopon into a scalopon on the scalopon in a scalopic vehicle parked in the scalopical parking lot; and (b) heating the scalopon in a scalcopon as soon as possible.

2017 Highest 1048 (Co-principals A and B), 1. Purchase of penphones

On May 29, 2016, the Defendants conspired to purchase writingphones and administer them together at the above Defendant B’s residence, and the Defendant agreed to sell and sell the penphones (AK) and the penphones (AK), and then notified the account number known to Defendant B of the account number.

Accordingly, at around 20:29 on the same day, Defendant B transferred KRW 500,00 from the corporate bank account (BN) in his name to the national bank account (B) in his name.

Since then, at around 21:30 on the same day, the Defendants reported the above "AZ" to the location of concealment of phiphones, and found approximately 0.5 g of phiphones by mail in the office of a non-building in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the Defendants conspired to purchase philophones.

2. Medication of phiphones.

On May 29, 2016, at around 22:00, the Defendants: (a) opened approximately 0.03 g of philophones purchased at the above Defendant B’s residence; (b) opened approximately 0.03g of philophones in a gambling place; and (c) opened the philophones in a manner that inhales it by heating it with a laz and inhales it.

Summary of Evidence

[Judgment of the court below]

1. Defendants’ respective legal statements

1. Each prosecutor's suspect interrogation protocol against the Defendants

1. Copy of the protocol of suspect examination of AM by public prosecutor;

1. Copies of each police interrogation protocol of AT, AJ, or L;

1. Each police suspect interrogation protocol against Defendant D (including the whole part of the AU and accompanying materials);

1. Each request for appraisal (A, B, and C);

1. Written indictment (AM), non-prosecution decision (AF), case delivery note (AG), Seoul Central District Court 2017-Type 2561-type 201-type 2561-type 201-type 2017-type 2561-type 201-type 201-type 201-type 20

1. An investigation report (Attachment of information related to narcotics stored in B mobile phones), an investigation report (Attachment of C mobile phone stored information), a mobile phone and stored information photograph, an investigation report (C's remittance details, etc.), and financial transaction details (C);

1. Detailed statement of transactions by account (B, between A and AJ) and B;

[Criminal facts 【2017Gohap799】

1. Defendant D’s legal statement

1. A suspect interrogation protocol of a public prosecutor;

1. Details of account transactions in the name of investigation report (the point of time of purchase of DNA) and BA, and account transactions in the name of BC;

[2017 Highest949 Criminal facts

1. Defendant A’s legal statement

1. Each prosecutor's protocol of examination of the accused A, D, AM, and B (Duplicates)

1. Copies of each police interrogation protocol on BP and BE;

1. Investigation report (verification of the facts that the AM or BF was detained on this case), indictments to the Suwon District Prosecutors' Office 2017 and 52646, investigation reports (verification of the facts that the BE was prosecuted on the summary of this case) and the indictments to be written, investigation reports (specific time when DNA was purchased) and account statements in the name of BC, and account statements in the name of BC;

1. Each deposit certificate, each CCTV photograph data, and CCTV video data;

[Criminal facts 【2017Gohap1048】

1. Each legal statement of the defendant A and B;

1. The suspect interrogation protocol of Defendant A by the public prosecutor;

1. A, B, a narcotics appraisal statement;

1. A copy of the investigation report (Attachment of related data to the "AZ" related to the "AZ"), and a copy of the details of transactions of the national bank in the name of the BA;

[Judgment of the court against Defendant A]

1. The Seoul Central District Court Decision 2016 High Court Decision 7311, 2017 High Court Decision 4350 (Merger) and investigation report (verification of the fact that judgment of suspension of execution of sentence has become final and conclusive);

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the trade, medication, receipt, trade, and administration of X-hows, the trade, arrangement, and administration of Kenyas, the trade, trade, trade, arrangement, and administration of chophones, Article 30 of the Criminal Act is limited to co-principals), Articles 61(1)4(a) and 3 subparag. 10(a) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the point of smoking marijuana)

B. Defendant B: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b), Article 30 of the Criminal Act (the transaction, medication, the purchase and sale, the sale, and the administration, the sale, and the administration, of the Kenya, the sale, and the purchase and sale of scophophones, and Article 30 of the Criminal Act are limited to the joint-principal administration; Article 30 of the Criminal Act is limited to the joint-principal administration); Articles 59(1)7 and 3 subparag. 9 (amended by Act No. 14019, Feb. 3, 2016); Articles 61(1)4 and 3 subparag. 10 (a) of the Narcotics Control Act; Article 30 of the Criminal Act is limited to the sale, etc. of marijuana; and Article 30 of the Criminal Act is limited to the joint-principal administration).

(c) Defendant C: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b), Article 30 of the Criminal Act (limited to purchase and sale of an X-how, good offices for the sale and purchase, and medication of an X-how, and Article 30 of the Criminal Act), Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act, Article 30 of the Criminal Act (limited to smoking of marijuana, Article 30 of the Criminal Act), Articles 61(1)6 and 4(1)2 of the Narcotics Control Act (limited to co-principal), Article 61(1)6 of the Act on the Control of Narcotics, Etc.

(d) Defendant D: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the point of arranging the sale and purchase of X-guers, the point of controlling the sale of phiphonephones, the point of selling phiphones, and Article 30 of the Criminal Act are limited to the

1. Commercial competition;

Defendant B: Articles 40 and 50 of the Criminal Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) due to the sale and purchase of X posters as stated in paragraph (d) of Article 5 of the Decision on the Case of 2017 Height541, between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale and purchase of X posters with heavy criminal situation)

1. Selection of punishment;

A. Defendant A, C, and D: Selection of each imprisonment

(b) Defendant B: Selection of imprisonment with prison labor for each crime other than the offense of violation of the Act on the Control of Narcotics, etc. (mariana) through the trade of marijuana

1. Mitigation of self-denunciation;

Defendant D: Articles 52(1) and 55(1)3 of the Criminal Act (as to each other crime except a violation of the Narcotics Control Act due to the purchase and sale of each philopon)

1. Handling concurrent crimes;

Defendant A: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes;

Defendants: The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply mutatis mutandis to the Defendants; the punishment prescribed in the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the administration of scoponon, etc. for Defendant A; the punishment prescribed in the crime of violation of the Act on the Control of Narcotics, etc. (flaps) due to the sale of scopon, etc. for Defendant B; the punishment prescribed in the crime of violation of the Act on the Control of Narcotics, etc. (flaps) due to the sale of scopon, etc. for Defendant C; the punishment prescribed in the crime of violation of the Act on the Control of Narcotics, etc. (flaps) due to the sale of scopon, etc. for Defendant C; and the aggravated punishment for Defendant D

1. Suspension of execution;

Defendant B and C: Each Criminal Code Article 62(1)(The following circumstances are considered to be favorable for sentencing)

1. Probation and community service order;

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

1. Additional collection:

Defendants: proviso to Article 67 of the Narcotics Control Act (the basis for calculation of the amount of additional collection shall be the same as that for calculation of the amount of additional collection)

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, D, and C: Imprisonment with prison labor for not more than 15 years;

(b) Defendant B: Imprisonment with prison labor for not less than one year nor more than 45 years;

2. Scope of recommendations according to the sentencing criteria; and

A. Defendant A

1) Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (fluence) by means of arranging the sale and purchase of phiphones in the 2017 Gohap949

[Scope of Recommendation] Reduction Areas of Type 2 (Sarijus, flagsb(b) and (c), etc.) ( Imprisonment with prison labor for not less than eight months but not more than one year and six months).

[Special Mitigation] Important Cooperation in Investigations

2. Second concurrent crime: A crime in violation of the Act on the Control of Narcotics, etc. (flavoring) due to the administration of phiphonephones in the case of 2017 Gohap949.

[Scope of Recommendation] Medication, simple possession, etc.

【Special Mitigation Cooperation in Investigations

3. Sentencing criteria based on the criteria for handling multiple crimes: Imprisonment with prison labor for not less than eight months but not more than two years and not more than nine months);

B. Defendant B

(a) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. ( marijuana) by selling and buying marijuana;

[Scope of Recommendation] Trade Mediation, etc.

2. 1 and 2 concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (flavotion) due to the administration of X-type posters; and

[Scope of Recommendation] Simple possession, etc. of medication, which is the basic area of Type 3 (The native (b) and (c)) (the imprisonment of not less than 10 months but not more than 2 years).

3. Sentencing criteria based on the criteria for handling multiple crimes: Imprisonment with prison labor for not less than one year but not more than three years and not more than eight months);

C. Defendant C

1. Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (flavotion) due to sales or good offices in X posters;

[Scope of Recommendation] The basic area (a person shall be punished by imprisonment with prison labor for not less than one year and not more than two years) of Category 2 (marijus, natives (b) and (c), etc.).

2. 1 and 2 concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (flavotion) due to the administration of X-type posters; and

[Scope of Recommendation] Medication, simple possession, etc.

3. Sentencing criteria based on standards for handling multiple crimes: Imprisonment with prison labor for not less than one year but not more than three years and not more than eight months);

D. Defendant D

1. Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (fence) by each act of selling and selling phiphones;

[Scope of Recommendation] Sales Mediation, etc.

[Special Mitigation] Purchase for medication or simple possession, and cooperation in important investigation

2. Second concurrent crime: the crime of violation of the Act on the Control of Narcotics, etc. (flavotion) due to the offer of sales by X-mail.

[Scope of Recommendation] Sales Mediation, etc.

[Special Mitigation] Important investigative cooperation, self-denunciation

3. Sentencing criteria based on the criteria for handling multiple crimes: Imprisonment with prison labor for not less than four months but not more than two years and nine months);

3. Determination of sentence;

The following circumstances and the Defendants’ character, conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the trial process of this case.

A. Defendant A

○ Unfavorable Circumstances: A narcotics-related crime is a crime that requires severe punishment due to toxicity, and is highly likely to cause harm to individuals as well as society throughout the society. The Defendant has been suspended from indictment for the same kind of crime in 2015. Nevertheless, the Defendant smoked a variety of types of narcotics, such as Xers, penphones, Kenyas, marijuana, etc. over a number of times only revealed for a long period of three years. In light of the frequency and contents of the crime, etc., the Defendant seems to be highly addicted to narcotics. In light of the frequency and contents of the crime, etc., the Defendant seems to be highly likely to have been addicted to narcotics. The Defendant, instead of merely smoking narcotics, recommended the administration of narcotics directly and other accomplices, or arranged to arrange the sale of narcotics, so that additional crimes may be committed. In particular, while the Defendant was investigating his/her criminal act, the Defendant is more severe in that he/she purchased phiphonephones over several occasions.

○ favorable circumstances: The Defendant does not seem to have purchased narcotics, etc. in a systematic and professional manner, and most of the Defendant appears to have purchased narcotics, etc. for the purpose of medication or the purpose of medication together with the person.

The Defendant appears to have partly influenced the external impact of the instant crime, such as family environment and confusion in gender identity, and to have led to the instant crime. The circumstances leading up to the instant crime need to be taken into account. The equity between the Defendant and the two concurrent crimes under the latter part of Article 37 of the Criminal Act, which have become final and conclusive, need to be taken into account. The Defendant actively cooperatedd in the process of investigation or trial with respect to the persons involved in narcotics, such as informing the investigation authority of the persons involved in the instant crime. The Defendant recognized all of his/her criminal acts and reflected in the mistake. The Defendant has no history of criminal punishment other than the suspension of indictment.

B. Defendant B

D. Unfavorable circumstances: The Defendant, only once revealed during a considerable period of time, smoked various types of narcotics, such as Xers, penphonephones, Kenyas, marijuana, etc., and in light of this, it seems that the dependence on narcotics is relatively large. In light of this, the Defendant purchased narcotics not only to administer and smoke narcotics but also to transfer them to other accomplices, so that additional crimes may be committed.

A favorable circumstance: The defendant does not seem to have purchased narcotics, etc. in a systematic and professional manner, and most of them seem to have been administered or purchased for the purpose of medication together with the person.

A considerable part of the instant crime appears to have led to the instant crime according to A’s solicitation, which was a relationship with the Defendant, and there are some points to consider the circumstances of the instant crime. The Defendant recognized all of his/her own criminal acts and contradicts the mistake. The Defendant is the first offender with no history of criminal punishment.

C. Defendant C

○ Unfavorable Circumstances: A narcotics-related crime is highly likely to cause harm not only to the individual concerned but also to the society due to its toxicity. The Defendant administered an X-mail over several times during a relatively long period of time, or smoke marijuana, and supply X-mail to B through D, and the nature of the crime is not good.

The favorable circumstances of ○○: The Defendant does not seem to have purchased X-mail in a systematic and professional manner, and most of the Defendant appears to have purchased them for the purpose of medication. The Defendant recognizes all of his criminal acts and reflects the wrongness. There is no history of criminal punishment prior to the instant crime.

D. Defendant D

D. Unfavorable circumstances: (a) the Defendant: (b) had been sentenced to a criminal punishment of two-year suspension of the execution of imprisonment for six months due to the administration of X posters, and (c) had been sentenced to criminal punishment for two-year suspension of the execution of imprisonment, and (d) had committed a crime again several times, and (e) in view of the frequency and form of the crime, and the type and quantity of the handled narcotics, etc., the crime is not good. The Defendant, without being limited to the purchase for administration or administration of narcotics by himself/herself, provided good offices for sale and purchase of a large quantity of narcotics, thereby enabling additional crimes. In particular, the Defendant, on December 2016, was under investigation by self-denunciation of his/her criminal act and conducted two times between January 2017 and February 2, 2017, is more severe than the Defendant’s criminal liability.

○ favorable circumstances: The Defendant does not seem to have traded or arranged to sell and purchase narcotics for commercial purposes, and appears to have arranged the trade of narcotics at the request of others. In addition, among the instant crimes, the instant crime appears to have been purchased for the purpose of medication. In this respect, there are some circumstances that may be somewhat taken into account the motive and circumstances of the instant crime. The Defendant voluntarily surrendered to the instant crime, during the instant crime, during the investigation and trial process with respect to the persons related to narcotics, in particular, reporting to the investigation agency, etc. on narcotics sellers, and actively cooperate in the investigation and trial process with respect to the relevant persons.

The presiding judge, judge and presiding judge;

Judges Man-ho

Judges Han Han-chul

1) The original indictment only states that the Defendant remitted the price of philophone to the seller, but did not state the specific purchase price. However, according to the evidence examined by the court, the Defendant appears to be “1,30,000 won for the amount deposited in the philophone sales to the philophone sales,” and the Defendant recognized all the facts charged including this part from the investigative agency to the court, and accordingly, partly revised the facts charged in accordance with the evidence to the extent that it does not infringe on the Defendant’s right to defense.

2) The written indictment contains ‘prophonephones', but it seems that it is a clerical error of ‘explosers'.

3) In the case of three or more concurrent crimes, the range of the final sentence shall be determined by adding part of the upper limit of the sentence among the other crimes, which is the highest in the upper limit of the sentence among the other crimes, and the second higher in the upper limit of the sentence. As such, in the case of handling narcotics, etc. over several times as in each of the instant crimes, the recommended sentencing guidelines cannot be properly reflected, but the recommended sentencing guidelines should be stated to refer to the determination of the sentence against the Defendants.

(iv) [1 year and six months + nine months (one year and six months X1/2) + six months (one year and six months X1/3)];

5) [2 years + 1 year (2 years x 1/2) + 8 months (2 year X 1/3)]

6) [2 years + 1 year (2 years x 1/2) + 8 months (2 years x 1/3)]

(vii) [1 year and six months + nine months (one year and six months X1/2) + six months (one year and six months X1/3)];

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.