2017Gohap877 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

A

Newly Inserted by Act No. 1011, Dec. 1, 201

Law Firm B, Attorney C

October 13, 2017

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

To order the accused to be put on probation for two years and to take pharmacologic treatment for 40 hours.

8,068,00 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

The defendant is not a person handling narcotics.

1. Import of narcotics;

The Defendant, together with D and E, remitted the price to F, a seller of narcotics, etc. who works in the LA, etc. in the U.S., and purchased narcotics, etc., such as MDMA (one name X-mail; hereinafter referred to as EXP), boom (GHB), and mariths containing marijuana ingredients (hereinafter referred to as 'mariths'), and recruited to bring them into the Republic of Korea through international mail.

A. According to the above public offering, on November 1, 2016, the Defendant issued orders to the above FF in the U.S. using SNS (SNS), such as 'G' and 'H, etc., for X posters, sibbs, and maribs, and the above E transferred KRW 3,150,000 to the post office account (J) in the name of I used by F on the 16th of the same month, and paid the payment. The Defendant, along with D, at the residence located in Seongdong-gu Seoul, K, 106 Dong 1703, located in the same month, at the domicile of Seongdong-gu, Seoul, 106 Dong 1703, while concealing F in the U.S. LA, hereinafter the same as 'P post office', and sent to the above residence through the Incheon Airport, approximately KRW 15,000,000,000 per 350 c c ec x (50 m).

Accordingly, the Defendant imported psychotropic drugs and marijuana in collusion with D and E.

B. On December 2, 2016, the Defendant, along with D, ordered the above F to re-explocing X-si (GHB) and marijuana first call number in the same way as D, and around 22:51 on the 3th of the same month, D to transfer KRW 2,580,00 to the said one post office account at around 14:15 of the same month, KRW 3,68,000 to the same account at around 14:15 of the same month, and distributed KRW 3,048,00 to the same account at around 15:15:5,00,000 during the same month, F sent to the above residence through the method and route as in the preceding paragraph of the United States, and distributed approximately 15:5,00 plocing X-si, 8-9, 180ml of the disease, and approximately 30,00 D and 30.

Accordingly, the Defendant imported psychotropic drugs and marijuana in collusion with D and E.

C. On December 21, 2016, at the same place of residence as the above-mentioned A, the Defendant ordered F to order the math of hemp, together with D, and caused D to transfer the price of KRW 1,670,000 to the account indicated in the same paragraph. On the lower end of the same month, F sent the price of KRW 1,670,000 to the account indicated in the same paragraph, and received 30 mp. of the math of hemp (5cm x5cm per unit) sent to the said residence through the method and route indicated in the same paragraph in the United States.

Accordingly, the defendant imported marijuana in collusion with D.

2. Points of medication of psychotropic drugs;

At around 22:00 on November 24, 2016, the Defendant administered psychotropic drugs at least nine times in total, as shown in the attached Table 1, by opening a 'defluent drug’ at the place of residence described in paragraph (a) of Article 1, and mixing 'brupt drug' with the license contained in the paper cups in which the 'defluent drug' was imported as described in the same paragraph. In addition, until December 25, 2016, the Defendant administered psychotropic drugs at least nine times in total as described in the attached Table 1.

3. A point in the intake of marijuana;

At around 06:00 on November 27, 2016, the Defendant, along with D, taken in 12 times in total, in the same manner, as shown in the attached Table 2, by opening a 'copian drug frequency’ at the place of residence indicated in paragraph 1 of the same Article, and opening one 'copian drug frequency', as described in the same paragraph, imported as in the same paragraph.

4. Points of smoking marijuana;

On March 19, 2017, at the place of residence indicated in Section 1(a), the Defendant smoked in a pipe made of the hemp plant or its water stuff by inserting it into a pipe made of the hemp plant or its water stuff, and smoking in a way that the smoke emitted with a fire added into the nose and the scam in the cam, and until July 19, 2017, by 07:00, the Defendant smoked with the scam or mixed scam over four times in total, as shown in Appendix 3.

5. Points of giving and receiving marijuana; and

A. On June 26, 2017, around 18:00, the Defendant received from D the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral (a greater size than rice).

B. On June 2017, the Defendant received, without compensation, half of the total amount of rice (scale of half of rice) in the sea of the year that received it from 0 officetels located in Busan Shipping Daegu N, Busan, and 0, as described in the above Item A, from 0.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of statement of reference to the prosecution, each protocol of examination of suspect;

1. A copy of each police interrogation protocol of M and E;

1. Making inquiries into details of financial transactions;

1. Each narcotics appraisal report and appraisal report;

1. The details of each P dialogue and the details of sending calls;

Application of Statutes

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

Articles 58(1)5 and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 58(1)6, Article 4(1)1, and Article 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 60(1)3, Article 4(1)1, and Article 2 subparag. 3 (d) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 60(1)2, Article 4(1)3 (b) of the Act on the Control of Narcotics, Etc., Article 60(1)1, and Article 2 subparag. 3 (b) of the same Act, Article 30 of the Criminal Act, Article 61(1)5, Article 4(1)1, Article 2 subparag. 1, and Article 30(1)3 (a) of the Act on the Control of Narcotics, Etc., Article 61(1)30 (a) and (d) of the Act, Article 30(1) of the Act.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment provided for in the provisions of the Act on the Control of Narcotics, etc. (fence) and the violation of the Act on the Control of Narcotics, etc. (fence) and between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics

1. Selection of punishment;

Each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavotion) due to the import of X-gu, shall be punished by imprisonment with prison labor for each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring), the violation of the Act on the Control of Narcotics, etc. (flavoring), the act of taking marijuana, smoking

1. Aggravation for concurrent crimes;

The aggravated punishment provided for in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 1-2(2) of the Act on the Control of Narcotics, Etc. (the aggravated punishment provided for in the Act on the Control of Narcotics, etc.) due to the import of an X-gu as provided for in

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 consideration of favorable circumstances among the reasons for sentencing):

1. Orders for probation and education;

Article 62-2 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

[Computation of Surcharge] Total 8,068,000 won

○ No. 1-A, (b), No. 1: X-si, GHB, and the purchase price for marijuana 6,198,000 won (the defendant dealt with all the psychotropic drugs imported and marijuana 1)

○ Paragraph 1(c) of the holding: 1,670,000 won for purchase of marijuana (the defendant treated all imported marijuana)

0. Paragraph 4 of the judgment: 120,000 won for the time of the year in which the defendant smokes (1 minute 40,000 won for the cancer transaction price of narcotics in June 2017 x 3 times)

○ Paragraph 5 of the Decision: 80,000 won (one minute per time on June 2017, 40, X2,000 won) at the time of the year equivalent to two minutes received by the Defendant from D (80,000 won per 40,000 won per annum of the price of narcotics transaction).

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for not less than two years and six months, but not less than twenty years and six months; and

2. Non-application of the sentencing criteria (trade between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics, etc. (e.g., marijuana) on the grounds of X posters in paragraph (1) of this Article and GHB imports, and between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics, etc. (fa

The sentencing criteria do not apply to each commercial competition relationship

3. Determination of sentence: Imprisonment with prison labor for three years and suspended execution for four years, crimes related to narcotics, etc., are not easy to detect due to their characteristics, and are likely to cause harm to the society as well as harm to the public health or cause another crime. The Defendant played a leading role in importing narcotics, such as marijuana and X-marketers, etc., and the Defendant took the above-imported narcotics, etc. as seen above, such as 'breath narcotics, etc.', and 'breath drugs, etc.', was administered, smoke, and taken in together with other persons, and there is a great need for punishment due to their frequency and transfer.

However, the Defendant did not seem to have had an intention to distribute the imported narcotics in the Republic of Korea, and the Defendant voluntarily surrenders to the investigative agency after the arrest of D, an accomplice for a crime such as import of narcotics, etc., and cooperate in the investigation related to accomplices. The Defendant did not have any past record of criminal punishment, and the Defendant does not seem to have strong status of addiction to narcotics, etc., and the Defendant appears to be able to not have a hand over the narcotics, etc. again, while benefiting from his or her wrong conduct.

In addition, the defendant's age, occupation, character and conduct, family relationship, the circumstances and results of the crime of this case, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, shall be comprehensively considered as ordered.

presiding judge, judges, vibration

Judges shall be reappointed.

Power of Judge

1) Confiscation or collection under Article 67 of the Narcotics Control Act is not aimed at deprivation of the benefits from a criminal act, but rather is a disposition of the punitive nature. Thus, when multiple persons commit a crime, a collection of the total amount of pharmaceutical value must be ordered to each person within the scope he/she handles (see, e.g., Supreme Court Decision 2001Do5158, Dec. 28, 2001).

2) Seas falling under the criminal facts listed in Paragraph 4 of Paragraph 4 of Paragraph 3 of the crime sight table are remaining remaining 0 as described in Paragraph 5-B, among the seas received from D, such as described in Paragraph 5-A, in the judgment of the defendant, as shown in Paragraph 5-B, and as long as the surcharge is calculated with regard to the receipt of marijuana as stated in Paragraph 5-B, it shall not be collected separately.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.