Defendant

Analbane (public prosecution) and a trial (public trial)

Attorney Jeon Byung-chul (Korean National Police Agency)

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 3 shall be confiscated.

853,000 won shall be additionally collected from the defendant.

On June 3, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on June 3, 2015, and on November 23, 2015, the Defendant is not a person handling narcotics, who has completed the execution of the sentence.

" 2017 Highest 218"

1. Handphone-on delivery and reception;

A. On February 2, 2017, around 01:00, the Defendant 201: (a) was placed on the Defendant’s (vehicle registration number omitted) set on the street in front of the “NENN”, which was located in the “NEN”, at the time of Won-si, Seoul, in lieu of Nonindicted 3’s repayment of debt equivalent to KRW 1.50,000 from Nonindicted 3, a disposable injection, containing approximately 0.2g of psychotropic drugs (hereinafter “clopon”).

B. On March 1, 2017, around 02:00, at the same place as above 1-A, the Defendant received a disposable injection device containing approximately 0.1g philopon in lieu of performing the obligation equivalent to KRW 200,000 from Nonindicted 3.

Accordingly, even though the defendant is not a person handling narcotics, the defendant received psychotropic drugs from Nonindicted 3 twice.

2. Handphone medication.

A. On February 15:00 below the lower order of 15:00, the Defendant injected the Defendant’s arms in the Defendant’s arms parked in front of the Defendant’s residence located in the front of the Defendant’s dwelling at the Hanju-si ( Address omitted) by inserting the amount of philopon in the single-use injection machine, dilution with water.

B. On March 15, 2017, around 15:00, the Defendant injected phiphones into the Defendant’s arms at the same place as the above-mentioned 2-A in the same manner as the Defendant’s sales.

C. At around 15:00 on March 14, 2017, the Defendant injected phiphones into the Defendant’s arms at the same place as the above 2-A in the same manner as that of the above 2-A.

Accordingly, even though the defendant is not a person handling narcotics, the defendant administered psychotropic drugs in three times.

3. A person who commits the crime of giving and receiving sludge;

On September 17, 2016, the Defendant received approximately 1,00 plastic boxes containing approximately 50,00 strins, a psychotropic drug, in lieu of Nonindicted Party 1’s repayment of the debt amounting to KRW 500,00,00, in the nearby stairs located in the △△dong-si, Seoul.

Accordingly, even if the Defendant is not a person handling narcotics, the Defendant received the psychotropic drugs from Nonindicted 1.

4. Crimes provided by Russia;

A. At around 17:00 on September 2016, the Defendant issued a letter bags containing approximately KRW 50,00 as oil value by Nonindicted 2 receiving KRW 50,00 from Nonindicted 2 on the front of the game site in the above paragraph (3).

B. At around 15:00 on September 2016, the Defendant issued a letter bag containing approximately KRW 130,00,000, to Nonindicted 2, who received approximately KRW 50,00 in a smoking room located in the game room under the above paragraph (3), such as bathing expenses, etc.

C. On October 15, 2016, around 15:00, the Defendant issued a letter bag containing approximately 130 U.S. dollars to Nonindicted 2 within the smoking room located in the game room under the above paragraph (3).

Accordingly, even though the defendant is not a person handling narcotics, the defendant provided the psychotropic drugs to Nonindicted 2 three times.

5. Medication;

A. The Defendant, at the same time and place as the above-mentioned 4-A (A), dratho 25 minutes together with water.

B. On November 1, 2016, around 15:00, the Defendant used the Defendant’s vehicle parked in front of the performance place shop in Do-dong, “Do-dong, Do-dong,” located in Do-dong, Seowon-si, Gangwon-do, with water, approximately KRW 25 of the Defendant’s vehicle in front of the performance place shop.

Accordingly, even though the defendant is not a person handling narcotics, the defendant administered the psychotropic drugs in two times.

"2017 Highest 313"

1. Possession of marijuana;

피고인은 2016. 12. 중순 15:00경 원주시 ◁◁동에 있는 야산 약수터 인근에서, 흡연할 목적으로 그곳에 자생하고 있는 대마 불상량을 채취한 후, 2017. 3. 13. 23:00경까지 피고인이 운행하는 (차량등록번호 생략) 비스토 승용차 내부 동전보관함 안에 보관하였다.

Accordingly, the defendant possessed marijuana for the purpose of smoking.

2. Smoking marijuana;

피고인은 2017. 3. 13. 23:00경 원주시 ▷▷동에 있는 ‘♤♤♤게임방’ 인근 도로에 주차된 피고인의 위 (차량등록번호 생략) 비스토 승용차 내에서, 담뱃잎을 제거한 담배 안에 위 1항과 같이 소지하고 있던 대마 불상량을 넣은 다음 불을 붙여 그 연기를 들이마셨다.

Accordingly, the Defendant smoked marijuana.

[Attachment of Sales Complex]

1. Criminal records;

1. Report on investigation, confirmation of repeated crimes, judgment and current status of confinement of individuals;

[2017 Highest 218]

1. Defendant's legal statement;

1. The prosecutor’s statement concerning Nonindicted 1

1. A criminal investigation report (Attachment to the details of the agricultural transaction) and a statement of transactions;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. An appraisal report, a trust report, and a narcotics appraisal report;

1. Report on investigation (report on the calculation of additional collection charges);

[2017 Highest 313]

1. Defendant's legal statement;

1. A request for appraisal, reply and written appraisal;

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

Articles 60(1)2, 4(1)1, subparagraph 3(b) of Article 2, Article 61(1)5, Article 4(1)1, subparagraph 3(d) of Article 2, and Article 2 subparag. 3(1)1, Article 2 subparag. 3(d) of the Narcotics Control Act (the point of receipt, provision, and medication of oponon), Article 61(1)4(a) and (b), Article 3 subparag. 10 (the point of possession, provision, and administration of oponononon), and each choice of imprisonment, respectively.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

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 (amended by Act No. 1000, Oct. 28, 2010; Act No. 500,000, 500, 3,000, 853,000, and 853,000, respectively, shall be additionally collected for each act of the defendant who handles the same narcotics, etc. (see, e.g., Supreme Court Decision 2010Do8764, Oct. 28, 2010). The scope of additional collection under Article 67 of the Narcotics Control Act is that the amount of additional collection should be ordered within the scope he handles based on the defendant, and it does not require separate collection for each act of the defendant who handles the same narcotics, etc. (see, e.g., Supreme Court Decision 2010Do8764, Oct. 28, 201).

The fact that the defendant seems to have been repented while making a confession of the crime of this case, and that he does not again make narcotics, etc. is an element of sentencing favorable to the defendant.

On the other hand, the crime of this case is an element of sentencing unfavorable to the defendant, such as the fact that the defendant received phiphonephones over two occasions, administered them over three times, given and received psychotropic drugs, provided them to others, and administered them. It is not good to the nature of the crime. Many of the frequency of the crime, and the defendant committed the crime of this case during the period of repeated crime due to the same crime.

In addition, the sentencing conditions specified in the pleadings of this case, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.

Judges Lee Jae-chul