2017Gohap1096 Narcotics Control Act, etc. (fence) and the Control of Narcotics, etc.

Violation of the Act (Narcotic Drugs)

A

Kim Jong-sung (prosecution) and Kim Jong-mal (Trial)

Law Firm B

Attorney C, D

November 30, 2017

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 four years from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 200 hours.

50,000 won shall be additionally collected from the defendant.

Criminal facts

No person shall use narcotics that are not in compliance with Acts pertaining to the control of narcotics, and no person other than a person handling narcotics shall trade or administer narcotics or psychotropic substances.

The defendant is not a person handling narcotics.

1. Violation of the Narcotics Control Act (narcotics);

(a) Sale and purchase of coaches;

On December 24, 2016, around 23:30 on December 24, 2016, the Defendant paid the purchase price of KRW 500,000 in cash to H and I, which he came to know through G, from the F (hereinafter referred to as “F”) in Gangnam-gu Seoul E (hereinafter referred to as “F”), and purchased 2g of a narcotic cocar.

(b) the use of cocars;

1) On December 25, 2016, the Defendant used approximately 0.4g of the cocars purchased from the above “F” toilet around the new wall on December 25, 2016 by using plastics promptly.

2) On December 26, 2016, the Defendant: (a) used approximately 0.4g of the cocars purchased from the above “F” toilet as described in the foregoing paragraph (a) in a way that Cocars are cut off by using plastics promptly.

2. Violation of the Narcotics Control Act;

At around 01:00 on December 25, 2016, the Defendant, at the above “F,” administered cryp expenses in a way of dividing the psychotropic drugs into H and G, with 20ml dyp dyp dyp dyp dye (GHB, one name dyp dyp dye) 20ml (hereinafter “GHB”), together with H and G.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against H, I, and J;

1. Report on the progress of the investigation, Seoul Central District Court Decision 2017 Gohap232, 2017 Goand 2168 (Separation), 2017 Gohap555, 2017 Goand 2015;

1. Written appraisal of narcotics (defluence, physical appearance);

Application of Statutes

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

Articles 58(1)1, 4(1)1, and 2 subparag. 2(d) of the Narcotics Control Act (the point of purchasing ccars, the choice of limited imprisonment), Articles 60(1)1, 3 subparag. 1, 2 subparag. 2(d) (the point of using ccars, the choice of imprisonment), Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) (the point of administering ccars and the choice of imprisonment) of the Narcotics Control Act, Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) (the point of administering ccars

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (Narcotic Drugs) due to the Purchase of Corkin who is the largest penalty)

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

1. Social service order;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

[Basis for calculation of a surcharge] Total of 500,000 won

○ Purchase of the Category 1 (A) Co., Ltd. in the holding: 500,000 won (=2g purchase price of 500,000 won) : Use of the Category 1 (b) Co., Ltd. in the holding: This part is a use of the Co., Ltd. purchased as stated in Paragraph 1(a) and thus it is not collected in duplicate separately.

○ Medication in the land of Paragraph 2 of the judgment: No collection shall be made because the market price is not formed.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and six months but not more than two years and six months and not more than 22 months;

2. Scope of recommended sentences according to the application of the sentencing criteria: Imprisonment with prison labor for not less than two years and not more than six months but not more than seven years;

(a) Crimes of violation of the Act on the Control of Narcotics (narcotics) by the purchase of cocars;

【Scope of Recommendation】

Type 3 (Narcotic drugs, perfumea, etc.) and the mitigated area (2 years to 6 months), such as sales mediation, etc.

【Special Convicted Persons】

○ Reduction element: Purchasing for medication.

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (narcotics 2) by using a cocar;

【Scope of Recommendation】

Simple possession, etc. of medication) Type 4 (Narcotic drugs, per year, per year) Basic Area (one-3 years).

(c) Crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) due to medication in booms;

【Scope of Recommendation】

Type 2 (ma) Basic Area (8 months to 6 months) for medication, simple possession, etc.

(d) Imprisonment with prison labor for not less than two years and not more than seven years, but not more than six months;

3. Determination of sentence: Imprisonment with prison labor for a period of four years and six months, crimes related to narcotics, etc., which cause harm to the national health or another crime, are likely to cause serious adverse impacts on the society as a whole due to their sense, toxicity, etc., and which require strict countermeasures due to their high risk of recidivism, the criminal liability for the defendant who purchased and used ccars and administered ccars for a period of two years and six months, shall not be weak;

However, the circumstances favorable to the defendant such as the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, the situation after the crime, and the price of the ccarbs sold to the defendant while selling ccarbs together with the H, I, and G, where the ccarbs had already been administered, shall be determined as ordered by comprehensively taking into account the following factors: the defendant's age, character and behavior, the environment, the motive and consequence of the crime, the circumstances after the crime, the situation after the crime, and the balance between the level of punishment and the amount of punishment already taken place in relation to

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong