2017Gohap594(Separation of Narcotics, etc.) Violation of the Act on the Control of Narcotics, etc.

A

Kim Jong-sung (Court) (Court of Second Instance) (Court of Justice)

Attorney B (Korean National Assembly)

July 13, 2017

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The court shall order the defendant to be put on probation and to take a 40-hour course of pharmacologic treatment.

6,000 won shall be additionally collected from the defendant.

To order the defendant to pay an amount equivalent to the above additional collection charge.

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

1. 피고인은 C와 함께 2016. 12. 7. 01:00경 '서울 광진구 D, 701호' C의 주거지에서 '팰리아멘트' 담배 2개비의 연초를 빼고 대마 약 0.5g씩을 채워 넣어 대마 담배를 만든 후 라이터로 불을 붙여 각각 대마 담배 1개비씩 나눠 피웠다.

2. At around December 21, 2016, the Defendant, along with C, made the marijuana tobacco at the above-mentioned location by forming one, respectively, at the above-mentioned location.

Accordingly, the Defendant, together with C, smoked marijuana twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of suspect C by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. Each protocol of seizure and the list of seizure;

1. C’s written request for an appraisal of the Defendant’s side of the prosecution (2017-H-178), C’s side of the prosecution, and a table of request for an appraisal of the maternity (2016-H-21297);

Application of Statutes

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

Articles 61(1)4(a) and 3 subparag. 10(a) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed by 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 Smoking in marijuana around December 21, 2016, with heavier

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

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Calculation of Additional Collection] 3,00 won per marijuana x 2 times

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by sentence: Imprisonment for not more than seven years and not more than six months;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Crimes of the Narcotics Control Act, etc.; and

[Determination of Type] 2 Medication, simple possession, etc. (e) of narcotics

【Special Convicted Person】

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

(b) Results according to the standards for handling multiple crimes: Imprisonment with prison labor for up to two months;

3. Determination of sentence;

[M] Around June 2016, the Defendant committed the instant crime of smoking marijuana again since six months have not passed since the Defendant was found to have smoked marijuana around June, 2016 and was sentenced to suspension of indictment on condition of completion of education at the Seoul Western District Prosecutors’ Office. Considering the negative effects and negative impacts of the crime related to narcotics, it is inevitable to punish the Defendant with severe punishment for the repeated crime.

[Ligue circumstances] The defendant has no record of being punished for a criminal act in addition to being sentenced to a fine once in the past when he/she recognizes his/her mistake.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

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