2014Gohap472 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Maximum personal standing, mobile advice (public trial)

Attorney B (Korean National Assembly)

May 29, 2014

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.

The defendant shall order the defendant to take 40 hours of pharmacologic treatment.

Seized cancer (AmstraDDAM) 4 bottles (No. 2) shall be confiscated.

140,000 won shall be additionally collected from the defendant.

Criminal facts

Despite the fact that the Defendant is not a narcotics handler, the Defendant dealt with the interesting agents (hereinafter referred to as “cryp,” hereinafter) of the ethyl elements of temporary narcotics, as follows:

1. Sale of sets;

(a) sale on December 17, 2013;

On December 17, 2013, at the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant sent 1 illness to D using post office housing units, and received and sold 140,000 won from that to one bank account in the name of the Defendant under the name of the Defendant for the purchase price.

(b) sale on January 20, 2014;

On January 20, 2014, the Defendant: (a) around the subway No. 2 in Mapo-gu Seoul Mapo-gu, the subway No. 2; (b) received Lusssh 1 disease from G in the name of the purchase price, and sold it in the name of KRW 140,00 from G.

2. Sshing;

From December 2, 2013 to January 21, 2014, the Defendant kept 4 soldiers who purchased the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government Seoul, at the Defendant’s house, and at the Internet site for the purpose of selling to others.

Accordingly, the defendant possessed a dogsh for the purpose of sale.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. In cases of investigation reports (related to the submission of seized articles), investigation reports (related to seized articles), requests for appraisal, investigation reports (2014-H-947 appraisal reports), investigation reports (2014-H-947 appraisal reports), inquiry into details of account transactions, investigation reports, and investigation reports (additional collection charges);

1. Each protocol of seizure and the list of seizure (as of January 20, 2014, January 21, 2014);

Application of Statutes

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

Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Act on the Control 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 (the aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (the Act on the Aggravated Punishment, etc. of Narcotics, Etc.) as a result of the prompt sale of the largest nature and circumstances on January 20, 2014)

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 (Concurrent Consideration for Discretionary Mitigation)

1. Order to 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 (Calculation of Amount of Additional Collection: Amount of 140,00 won per actual transaction price of 1 10,000 won per annum sold as stated in the judgment of the court below)

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years and six months but not more than twenty-two years and six months;

2. Application of the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (frighting) by selling each sheet;

[Determination of Types] Narcotics Crimes, Trade Mediations, etc., Narcotics, Flavoking A. (Type 3)

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

(b) The crime of violating the Act on the Control of Narcotics, etc. (flavoking) due to possession for an easy trade;

[Determination of Types] Narcotics Crimes, Trade Mediations, etc., Narcotics, psychotropic Affairs (Type 3)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from 4 years to 7 years (Basic Area)

(c) Imprisonment with prison labor for not less than four years but not more than 12 years and not more than 10 months (in accordance with the guidelines for handling multiple crimes, 1/2 of the upper limit of the range of sentence for the highest crime among the concurrent crimes, and 1/3 of the upper limit of the range of sentence for the highest crime according to the standards for handling multiple crimes, respectively);

3. Determination of sentence;

Considering the fact that the crime related to narcotics is highly harmful to individuals and society, the act of the defendant selling and selling and possessing a dogsh, which is temporary narcotics, is not less than the nature of the crime. However, the defendant recognizes all of the crime in this case and reflects his wrongness, the defendant is a primary offender who has no criminal record, including the same kind of crime, and the defendant is designated as temporary narcotics on December 10, 2013 and has relatively small quantity, most of them are seized by investigation agencies, and it is hard to prevent such crime in the future, taking into account the circumstances favorable to the defendant. In addition, considering all sentencing factors revealed in the trial process of this case, such as the defendant's age, occupation, family relationship, living environment, motive and circumstance leading to the crime, etc., the lower limit of the punishment according to the sentencing guidelines shall be set as the order.

The presiding judge, senior judge;

Judge Senior Professor

Judges Park Jong-young