2016Gohap1206 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Madox (prosecution) and Madden (public trial)

Attorney B (Korean National Assembly)

January 5, 2017

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 became final and conclusive.

To order the defendant to take a 40-hour pharmacologic course.

2,000,000 won shall be additionally collected from the defendant.

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated JWH-018, psychotropic substances under Article 2 subparag. 3 (a) of the Narcotics Control Act, and 5F-UR-144 (referred to as XL-11, hereinafter referred to as X-11) as its similar body as follows:

1. On October 29, 2015, the Defendant promised to purchase X-EL 11 from C on October 29, 2015, and remitted KRW 500,000 to C’s bank account (D).

Since then, around 19:31 on the same day, the Defendant received approximately 8ml in the frontway of Gangdong-gu Seoul Metropolitan Government, X-EL 11.

Accordingly, the Defendant purchased approximately KRW 8ml from C to KRW 500,000.

2. On November 21, 2015, the Defendant promised to purchase X-EL 11 from C on November 21, 2015, and remitted KRW 500,000 to the account of the above bank account of Korea.

On the same day, at around 18:38, the Defendant received approximately 8ml in front of G convenience points in Gangnam-gu Seoul, Seoul, Kwikset-11, delivered by C, using Kwikset Service.

Accordingly, the Defendant purchased approximately KRW 8ml 500,000 from C. xel-11.

3. On December 24, 2015, the Defendant promised to purchase X-EL-11 from C on December 24, 2015, and remitted KRW 500,000 to the said bank account of C.

At around 13:30 of the same day, the Defendant received approximately 8ml in the front side of Gangdong-gu Seoul Metropolitan Government Kwikset service, which was delivered by C, using Kwikset-11.

Accordingly, the Defendant purchased approximately KRW 8ml 500,000 from C. xel-11.

4. On February 12, 2016, the Defendant promised to purchase X-L-11 from C on February 12, 2016, and remitted KRW 500,000 to the account of the said bank account of C.

Since then, around 23:28 of the same day, the Defendant received approximately 8mll, which was delivered by Kwikset service using Kwikset service, from around 23:28 Seoul Gangdong-gu.

Accordingly, the Defendant purchased approximately KRW 8ml 500,000 from C. xxel 11.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant and C;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation and each investigation report (including the table of evidence Nos. 11, 13, 14, 20, 22, and accompanying documents);

1. A copy of the judgment; and

Application of Statutes

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

Articles 58 (1) 3, 3 subparagraph 5, and 2 subparagraph 3 (a) of the Act on the Control of Narcotics, Etc., and the selection of specific imprisonment types, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) by Trading on February 12, 2016)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types] Three Types of Narcotics Crime Group, such as assistance in the trade thereof, etc.

[Special Escopics] Reductions: Purchasing for medication, simple possession, etc.

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

3. Determination of sentence;

[Unfavorable circumstances] A narcotics-related crime is a serious crime that has a serious adverse impact on society as a whole, such as undermining public health or inducing other crimes as well as personal or other crimes. The number of times the Defendant purchased X-Eel-11 reaches four times.

[G] In light of the fact that the Defendant’s purchase did not sell and distribute XSL 11 and did not benefit from the sale and distribution, and that narcotics were not detected in the Maternal Inspection, etc., it appears that the addicted medication is not deemed to be a habitual medication. The Defendant led to the confession of and reflect against his criminal act. The Defendant is a primary offender without a previous criminal record.

In addition, the motive, means and result of the instant crime, the circumstances after the crime, the age, occupation, character and conduct, environment, and family relationship of the accused, etc., shall be comprehensively considered, and the punishment as ordered shall be determined.

The presiding judge, judge and mining interference

Judge Choi Min-man

Judges Kim Gin-han