2017Mohap110 Violation of the Act on the Control of Narcotics, etc. (flavoking);

Violation of the Narcotics Control Act (mariana)

A

Kim Sung-hun (prosecution) and Kim Jae-heat (Trial)

Law Firm B, Attorney C, and D

January 12, 2018

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive. To order the defendant to be put on probation for two years, to provide community service for 120 hours, and to take a course of pharmacologic treatment for 80 hours.

Seized evidence Nos. 3 and 4 shall be confiscated from the accused.

1,206,00 won shall be additionally collected from the defendant.

To order the defendant to pay an amount equivalent to the above additional collection charge.

Criminal History Office

1. Violation of the Narcotics Control Act;

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the following narcotics such as Mebaculty (one philophone, hereinafter referred to as 'philophone'):

A. On October 2016, the Defendant purchased 3 g of phiphonephones from FO to purchase phiphones on the condition that he would injure a door of 1 million won on the part of F (39 years of age, south) parked in front of the Defendant’s home in Gangnam-gu Seoul E-gu (Seoul).

B. At the end of October 2016, the Defendant, at the house of Seongdong-gu Seoul Metropolitan Government apartment G apartment No. 203 Dong 102, put one-time injection in two parts of the philopon, 0.07 gh, respectively, and injected them into their own arms with H, and injected them with each other.

C. On November 2016, the Defendant, at the home of the Defendant, Gangnam-gu Seoul E-Ba 201, put 0.07g of philopon into two parts of a single-use injection machine at the Defendant’s home, and injected it with H, with their own arms, after dilution.

D. In November 2016, the Defendant, at the Defendant’s house No. 201 E-Ba 201, put 0.07g of philopon into two parts of a single-use injection machine, added a 0.07gh of philopon into each part of his arms with H, and injected them into each part of his arms.

E. At the end of November, 2016, the Defendant, at the Defendant’s house No. 201, e-loan No. 201, put each 0.07g of philopon into two parts of a single-use injection machine, divers into one’s own arms, and injected them with H.

F. In December 2016, the Defendant, at the home of the Defendant No. 201, e-Ba 201, put 0.07g of philopon into two parts of a single-use injection machine, added a 0.07gh of philopon into two parts of a single-use injection machine, and injected it into his arms together with H.

G. On January 1, 2017, the Defendant purchased 5 g of philophonephones contained in vinyl clocks, on condition that F’s low string strings parked on the E-Ba, as described in the above paragraph (a), would impair F’s correspondence as described in the above paragraph (a).

H. In January 2017, the Defendant, at the home of the Defendant No. 201, put e-Ba 201, the E-Ba 201, 0.07 grophones into two parts of a single-use injection machine, drophones into their own arms and administered them together with H.

(i) In January 2017, the Defendant, at the home of the Defendant No. 201, put e-Ba 201, 0.07 gh of philopon into two parts of a disposable injection machine, and dived with H, injected into each part of his arms with h.

B. In January 2017, the Defendant, at the home of the Defendant No. 201, put 0.07g of philopon into two parts of a single-use injection machine, added 0.07g of philopon into two parts of a single-use injection machine, and injected them into one’s arms with H.

(k) The Defendant, from February 1, 2017 to March 201 of the same year, added 0.07 galopon to 2 parts of the first-use injection machine in Gangnam-gu Seoul Special Metropolitan City Itel 101 Dong 502 at the house of J, 101 to 2 parts of the first-use injection vehicle, and injected with J, together with J.

l. On March 7, 2017, the Defendant parked in the E-Ba parking lot as set forth in the foregoing paragraph (a) on March 7, 2017, put up approximately 0.07 g of philopon into the clopon clopon clopon into the copon copon copon crison, and injected it into his arms.

(m) On March 7, 2017, at around 02:30, the Defendant parked in the E-Borrowings parking lot set forth in the above paragraph (a) above, put up approximately 0.07 g of philopon into the clopon clopon clopon into the copon copon copon crison crison, and injected it into the arms.

n. On March 9, 2017, around 06:00, the Defendant added 0.07gs from the house of Gangnam-gu Seoul Metropolitan Government L 202 to 2 parts of the disposable injection machine, each of which is 0.07g philopon, and injected it into each part of his arms with H.

(o) At around March 9, 2017, around 15:20, the Defendant carried approximately 3.3g of philophones contained in vinyl at the coffee shop in Seocho-gu Seoul, Seocho-gu and the first floor “N” coffee shop.

2. Violation of the Act on the Control of Narcotics, etc.;

No person shall trade marijuana, or smoke or take in marijuana or its seed coats.

A. On January 1, 2017, the Defendant purchased marijuana, holding approximately 5.3g of the hemp plants contained in a vinyl strawet, on condition that the Defendant would impair F’s correspondence in front of E-Ba as described in the foregoing paragraph, as indicated in the foregoing paragraph, on the top of the low string string of the F, which was parked on the top of E-Ba as indicated in the foregoing paragraph.

B. On January 1, 2017, the Defendant, at the home of the Defendant No. 1-C. 201, magra 201 as indicated above 1-C (hereinafter referred to as “H”), injecteds tobacco and 0.3g of marijuana, and smoked with H along with the laz by attaching the laz.

C. On March 7, 2017, at around 02:00, the Defendant parked in the e-loan parking lot set forth in the above-mentioned paragraph 1-A, thereby breaking tobacco, and breaking about 0.4g of marijuana in the Defendant’s K Mata car, and smoking with the rash.

D. On March 9, 2017, the Defendant kept approximately 4.6g of marijuana on the Defendant’s K car parked in the Seocho-gu Seoul Metropolitan Government Ma, “N” coffee shop, and stored approximately 4.6g of marijuana at the underground parking lot of the building.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against the accused (including H and J part);

1. A suspect interrogation protocol of H by the prosecution;

1. Each police interrogation protocol against H and J;

1. (False Statement) The police officer's statement;

1. Protocols of seizure and list of seizure (to enter only the sequence Nos. 4 and 5, and hereinafter referred to as the "Evidence List");

1. Each request for appraisal (No. 8, 11, 21) shall be made on a net basis;

1. Application of the statute to the Defendant’s photograph, the details of a Pstong (No. 7, 19 No. 1) and each of the conversations

1. Article applicable to criminal facts;

Articles 60 (1) 2, 4 (1) 1, 2 subparag. 3 (b) (each phiphone trading point, each choice of imprisonment), 60 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) of the Narcotics Control Act, Article 30 (1) through (f) of the Criminal Act, Article 30 (1) 2, Article 60 (1) 2, Article 4 (1) 1, Article 4 (1) 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 60 (1) 2, Article 4 (1) 1, and Article 30 (1) 3 (a) of the Act on the Control of Narcotics, Etc., Article 60 (1) 3 (b) of the Act on the Management of Narcotics, etc.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning the trade of marijuana with the largest penalty provided for in the Act on the Control of Narcotics, etc. (the weight of concurrent crimes resulting from the violation of the Narcotics Act)

1. Suspension of execution;

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

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

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

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

* KRW 1,206,00 based on the calculation of the amount to be collected = 1,200,000 won = 1,20,000 (the crime No. 1-b through (f), 12 times X X 100,000 won for each penphone as stated in the A through Ethical port) + 6,000 won (the crime No. 2-b, 3,000 won for each hemp of the hemp listed in paragraph (c) at the time of the market).

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. The scope of punishment by law;

Imprisonment with labor for not less than one year nor more than 45 years;

2. Scope of recommendations according to the sentencing criteria;

(a) The point of violation of the Act on the Control of Narcotics, etc. (flavoring) and the point of violation of the Act on the Control of Narcotics, etc. (flavoring) through the trade of marijuana;

(i) Determination of types: Purchase or receipt for administration, simple possession, etc., of 2 types (mariju, flabb(b) and (c) etc.) of narcotic crimes;

(iii) Scope of recommendations: Imprisonment with prison labor for not less than eight months but not more than one year and six months (reduction areas);

(b) A point of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the administration of each phiphone and a point of violation of the Act on the Control of Narcotics, etc. (flavoring

(i) Determination of types: Type 3 (f) such as simple possession of medication, etc., of narcotics crimes;

(b) Scope of recommendations: Imprisonment with prison labor for not less than 10 months and not more than 2 years (basic area); each violation of the Act on the Control of Narcotics, etc. (marijuana) due to smoking in marijuana and the violation of the Act on the Control of Narcotics, etc. (mariju

(a) Determination of types: the scope of recommending types 2 (mariju, flaor, d. and (e)) (ii) of medication, simple possession, etc. of narcotics crimes: Imprisonment with prison labor for not less than eight months but not more than one year and six months (basic area);

(d) Scope of recommendations according to the standards for handling multiple crimes;

3) Determination of sentence: Not less than 2 years + 1 years (2 years + 1/2) + 8 months (2 years x 1/3)); 3. Determination of sentence;

The following circumstances and the defendant's character, conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and all sentencing factors shown in the trial process of this case, including the circumstances before and after the crime, shall be determined as ordered.

○ Unfavorable Circumstances: The Defendant, only once revealed during a considerable period of time, smoked narcotics such as phiphones and marijuana over ten times, and in light of this, seems to have relatively high dependence on narcotics. In light of this, the Defendant purchased narcotics, not merely to administer and smoke narcotics, and transferred them to others, so that additional crimes may be committed.

The favorable circumstances of ○○: The Defendant recognized the instant crime from the investigative agency to the present court, and reflects his mistake. The Defendant does not seem to have purchased narcotics in a systematic and professional manner, and most of them seem to have been purchased for the purpose of medication, smoking, or smoking together with the singulars. The Defendant actively cooperated with the investigation of the persons concerned, including the seller of narcotics or the worgor, who have made a statement to the investigative agency about the worrorrorror, etc. From November 2017. The Defendant appears to have had the intention to treat narcotics addiction by regularly undergoing the examination and treatment at the hospital from the hospital in order to have no same criminal history.

The presiding judge, judge and presiding judge;

Judges Man-ho

Judges Han Han-chul

1) It shall be calculated by the price of popon per cubic phone as of April 2017, nearest to the time the judgment was rendered.

2) As of April 2017, the calculation shall be based on the 1-time cancer transaction price in Seoul Special Metropolitan City as of the time the judgment was rendered.

3) Since the lower limit of the sentencing guidelines set by the sentencing guidelines is lower than the lower limit of the statutory penalty, the sentencing guidelines shall be modified according to the statutory penalty.

applicable.