2017Gohap1286 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Kim Sung-sung (Court of Second Instance) and Lee Jong-hee (Court of Second Instance)

Law Firm B

Attorney C

January 31, 2018

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive. 12 marijuana 12 (except for the amount consumed for appraisal, quantity consumed for appraisal) seized, 2 (No. 2) electronic tobacco apparatus, and 1 (No. 3) international mail shall be confiscated, respectively.

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

Criminal facts

1. Import of marijuana;

A. On May 1, 2017, the Defendant purchased 6 carbages containing liquid marijuana (hereinafter referred to as “maribages”) from 'Mad' in the Doluri Island of the United States, and arrived at the Incheon National Port on May 11, 2017, by holding 6 U.S. dollars 225.

Accordingly, the defendant imported marijuana.

B. The Defendant agreed to import 12 marijuana storage units into the Republic of Korea by ordering H in the United States, which he/she became aware of in the course of study in the United States of America, with F (one name “G”), and decided to take charge of the Defendant’s act of purchasing marijuana car storage units in the United States of America and delivering them to the Defendant in the Republic of Korea after concealing them in clothes, correspondences, etc., and F, with the intent of raising the revenue amount from the Defendant.

According to such a public offering, H shipped approximately 12 marijuana 186.98g, which was stored in a plastic buffer system in the United States, into an international small mail (K), and sent it to the Republic of Korea, stating as follows: "T", "T", "J, Sero-gu, Sero-gu, 0678, the dispute over this issue," and "Korea".

At around November 26, 2017, the above International Postal Service arrived at the Incheon International Postal Service (U.S. L) at the Incheon International Port. Accordingly, the Defendant imported marijuana in collusion with F and H.

2. Purchasing marijuana;

On November 26, 2017, at around 03:00, the Defendant purchased two cubs containing marijuana ingredients in cash from an unqualified person in Yongsan-gu Seoul, Yongsan-gu, Seoul, by purchasing two cubs containing marijuana ingredients.

3. Smoking and taking in marijuana;

A. On May 2017, the Defendant, on the street of Seocho-gu Seoul Seocho-gu, posted a pipe of marijuana carbage imported in the pipe, and smoked as e-tobacco, as shown in paragraph 1(a) above.

B. On June 27, 2017, the Defendant, at the written center located in Busan on the part of Busan on the pipe and smoked as if he or she had a pipe imported in the USA, as referred to in paragraph 1(a) of the above paragraph. On November 26, 2017, the Defendant scuba containing marijuana ingredients purchased from “gagen in Yongsan-gu Seoul Metropolitan Government M” around 03:00 on November 26, 2017.

Accordingly, the Defendant smoked and taken marijuana. The summary of the evidence

1. Defendant's legal statement;

1. Records of seizure, list of seized articles and photographs of each police station;

1. An appraisal report, a written confirmation of the results of a test of uriine simplified reagents, and a notification of the results of a legal appraisal;

1. Application of Acts and subordinate statutes to each investigation report, detection photograph, contact information of the recipient, details of the contact number of the subscriber, entry into and departure from the Republic of Korea, marijuana photographs, marijuana photographs taken on June 27, 2017, and details of transfers;

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

Article 58(1)5, Article 3 subparag. 7 of the Narcotics Control Act (the import of marijuana from May 11, 2017, the choice of limited imprisonment types), Article 58(1)5, and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (the occupation of import of marijuana from November 26, 2017, the choice of limited imprisonment types), Article 59(1)7, and Article 3 subparag. 7 of the Narcotics Control Act (the occupation of purchase of marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the occupation of smoking and intake of marijuana, and the choice of imprisonment) of the Narcotics Control Act.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act and Article 50 of the same Act shall apply mutatis mutandis to concurrent crimes resulting from the import of marijuana by November 26, 2017.

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. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act 291,177 won in total

○ Paragraph 1 of Paragraph 2 of the holding holding : 6 purchase price for marijuana 1: 241,177 won (i.e., USD 225 U.S. dollars 1 US$1,071.901) as of January 31, 2018, which was the date a decision was rendered by X, and (ii) : 50,000 won for mack 2 purchase price for marijuana 1:

1. Order of provisional payment;

1. The scope of applicable sentences under the law: Imprisonment with prison labor of two years and six months from June to June 22.

2. Application of the sentencing criteria;

(a) Class 1 crime (the crime of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, Etc.) due to the import of marijuana from November 26, 2017) / [the scope of recommendations] manufacturing, etc. the basic area (the scope of marijuana, the flag (c) / four years

[General Mitigation] No criminal record

(b) Class 2 crime [the scope of recommendations for the violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") due to the import of marijuana from May 11, 2017] [the scope of recommendations] export, import, manufacture, etc., and the basic area (two years to four years of imprisonment).

[General Mitigation] No criminal record

(c) Type 3 crime (the crime of violation of the Act on the Control of Narcotics, etc. by Purchasing marijuana);

[Scope of Recommendation] Reduction Areas of Type 2 (Sarijus, flags, items (b) and (c), etc.) ( Imprisonment of eight months to one year)

[Special Mitigation] Purchasing or receiving for simple possession of medication

[General Mitigation] No criminal record

* The scope of final sentence due to the aggravation of multiple crimes (the upper limit of crime 1 + the upper limit of crime 2 + the upper limit of crime 1/2 + the upper limit of crime 3: 2 years to 6 months.

* Scope of the revised recommended range of punishment: 2 years and 6 months from June to 6 months (the lowest limit of the sentence range recommended by the sentencing guidelines is lower than the minimum limit of the applicable sentencing range in law, and therefore the lower limit of the applicable sentencing range is set by law).

3. Determination of sentence: Imprisonment with prison labor for not less than two years and six months, and three years of suspended sentence; and

In light of the characteristics of narcotics-related crimes, it is difficult to detect narcotics-related crimes, and not only cause a person’s body and mind, but also cause harm to the national health or another crime, which is socially dangerous. The fact that the Defendant imported and purchased marijuana, and then smoked and taken it in the club, etc. are disadvantageous to the Defendant. The fact that the Defendant seems to have no intention to distribute marijuana imported by the Defendant in Korea, the Defendant recognized and closely reflects the Defendant’s criminal act, and the Defendant is the first offender without any previous conviction, etc. are favorable to the Defendant.

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.

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho

1) The purpose of confiscation is to deprive a person of the benefit of an offense, and the collection is to achieve the purpose of confiscation.

In view of the fact that it is impossible to confiscate, if the offender had been sentenced to confiscation, the value to be collected is the value to be collected by the offender.

Since the amount equivalent to lost benefits should be deemed to mean the amount equivalent to the benefits, the valuation of the value should be based on the price at the time of adjudication (Supreme Court).

May 28, 1991 (see, e.g., Supreme Court Decision 91Do352, May 28, 1991).