2018Gohap55 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Kim Sung-sung (prosecution) and Song-dae (Trial)

Attorney Lee Young-young (National Assembly)

September 14, 2018

A defendant shall be punished by imprisonment for one year.

106,00 won shall be collected from the defendant. The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

1. Purchasing marijuana;

On March 16, 2018, at around 03:00, the Defendant purchased marijuana at the second-story beer house near Yongsan-gu, Seoul, Yongsan-gu, 2, the second-story beer, the second-story beer of which is named, and paid the amount equivalent to KRW 100,000,000 in consideration of this.

2. Smoking marijuana;

A. At around 21:00 on December 3, 2016, the Defendant smoked marijuana by inserting approximately 0.3g of marijuana in the pipe made of a gambling paper in the Seoul Mapo-gu Seoul building and the residence of the Defendant of the third floor, with a fire attached thereto attached to D.

B. At around 23:00 on January 4, 2017, the Defendant smoked approximately 0.3g of marijuana with D in the same manner as described in the foregoing paragraph (a) at the Defendant’s residence as described in the foregoing paragraph. The Defendant: (a) around early 02:00 on April 4, 2018; (b) excavated holes among call cans in the Defendant’s residence; and (c) discarded marijuana by taking them over on the part of the Defendant’s residence, taking them over, and inhaleing it.

D. At around 2018, April 18, 2018, 02:00, the Defendant smoked an influent marijuana in the same manner as the Defendant stated in the foregoing paragraph (c) at the Defendant’s residence.

E. At around 02:00 on May 16, 2018, the Defendant smoked an influent marijuana in the same manner as described in paragraph (c) above at the Defendant’s dwelling place as described in paragraph (a) above. The summary of the evidence is as follows.

1. The defendant's legal statement (the first and third trial date);

1. A copy of each police interrogation protocol regarding D, and a copy of the current status of transfer of address attached thereto to D non-coin;

1. Each protocol of seizure and search;

1. Investigation report (including a suspect A's report on his criminal act and investigation results of his/her seizure) and requests for appraisal attached thereto (including a reply to a request for appraisal of narcotics), investigation report (including investigation results of a suspect A's report on his/her minor narcotics) and an appraisal response attached thereto, a report on investigation (including a report on the market price and calculation of the amount of collection), and the monthly trends of the narcotics, monthly trends of the narcotics attached thereto, a suspect's report on investigation (including a report on the results of the appraisal of narcotics, etc.) and a response

Application of Statutes

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

Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act (the point of purchase of marijuana), Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of the smoking of marijuana as stated in paragraph (2) of the crime: Provided, That Article 30 of the Criminal Act shall apply to the smoking of marijuana as stated in Article 2-1 (a) and (b) of the Criminal Act, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act due to the purchase of marijuana with the largest penalty provided for in the former part of Article 37, Article 38 (1) 2, and Article 50,

1. Whether confiscation is made;

A prosecutor is seeking to confiscate three rollers (No. 2), three rollers (HPY CRY) 39 rollers (Evidence 3), 12 roller(SMING RED 4), 10 roller (MASCOMST 5), three rolling 3 (Evidence 6), rolling PALM 3 (OCR 6), one rolling peter (No. 7), but it is difficult to conclude that the steam submitted by the prosecutor was provided in the judgment, even if examining the steam submitted by the prosecutor, it is difficult to conclude that the above goods were provided in the crime.

1. Additional collection:

(a) The proviso to Article 67 of the Narcotics Control Act, and the amount additionally collected: 106,00 won; and

○ Purchase of marijuana specified in paragraph (1) of the crime: 100,000 won for purchase

○ Smoking of marijuana listed in paragraphs (a) and (b) of Article 2-2 of the Criminal Act: 6,000 won (=3,000 won for each marijuana trade price per minute x 2 times)

○ Smoking of marijuana listed in paragraphs (c) through (e) of Article 2-2 of the Criminal Act: The Defendant’s smoking of marijuana purchased as stated in paragraph (1) of the Criminal Act, and thus, is not additionally collected.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor for one year to 45 years;

2. Scope of recommendations according to the sentencing criteria;

○ Basic Crimes: Crimes of Violation of the Act on the Control of Narcotics, etc. ( marijuana) by the purchase of marijuana.

[Determination of Types] Purchase or acceptance for medication, simple possession, etc. of Types 2 (mariju, flagbb, c., etc.) (Special Mitigation), such as assistance in the trade of narcotics-related crimes

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months to 1 year and 6 months;

○ 1 and 2 concurrent crimes 1): Violation of the Act on the Control of Narcotics, etc. (the determination of types of marijuana) due to smoking marijuana (the determination of types of marijuana) (the determination of types), such as medication, simple possession, etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 months to 1 year and 6 months;

○ Scope of the recommended punishment pursuant to the guidelines for handling multiple crimes: Imprisonment for up to 8 months to 9 months (up to 1 year and 6 months) for imprisonment for a term of 8 months: the upper limit of the basic crime + the upper limit of the first concurrent crime (up to 1/2 months of imprisonment) + 1/3 of the upper limit of the second concurrent crime (up to 6 months of imprisonment)

3. Determination of sentence: The defendant does not seem to have actively purchased marijuana; the purpose of selling or distributing marijuana to a third party was not to sell or distribute it; the defendant's late or late after his prison life was divided by his mistake; however, the defendant has a criminal record of the same kind of crime that he had already been sentenced to the suspension of the execution of three years and six months for the criminal facts importing and using narcotics, etc. on or around 2013; the crime related to narcotics, etc. is highly likely to avoid physical and mental harm as well as harm the health and social safety of the people; the repetition of the crime is likely to cause harm to the relevant crime; the defendant's repetition of the crime resulting from lack of compliance consciousness; and therefore, the defendant's strict punishment should be determined by taking into account the following factors: the defendant's age and social relation; the defendant's age and social relation; and the punishment of the crime related to narcotics, etc. is acknowledged as having been ordered; and the punishment of the defendant should be determined by the law.

The judge of the presiding judge shall be net;

Judges Choi Dong-hwan

Judges Kim Gin-han

1) 5 times each of the crimes of violation of the Act on the Control of Narcotics, etc. (marijuth) by smoking in accordance with the criteria for handling multiple crimes on the sentencing guidelines.

The crimes of violation of the Control Act (marijuth) shall be the first and second concurrent crimes.