2017Gohap244 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

A

Newly Inserted by Presidential Decree No. 1354, Dec. 3, 200

Attorney B

April 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.

230,000 won shall be additionally collected from the defendant.

Criminal facts

1. Violation of the Narcotics Control Act;

The defendant is not a person handling narcotics.

At around 02:00 on January 8, 2017, the Defendant administered “D” in Gangnam-gu Seoul Metropolitan Government, with psychotropic drug psychotropic drug boom (hereinafter referred to as “GHB”), in a manner of drinking alcohol, and receiving it with knowledge of the fact.

2. Any person who violates the Act on the Control of Narcotics, etc. (mariana) shall neither trade nor smoke it;

(a) Points of the trade of marijuana;

On July 9, 2016, around 03:00, the Defendant purchased a vinyl package containing about 150,000 won in cash from H, which was parked at H’s BMW SUV car (number omitted) located in the front parking lot of Gangnam-gu Seoul Metropolitan Government. He was issued to H in flue and purchased a vinyl package containing approximately 1g of marijuana (mamain marijuana leaves).

(b) Points for smoking marijuana;

At around 09:00 on July 2016, the Defendant, at around 09:0, smoked in a way that, in the residence of Gangnam-gu Seoul Metropolitan Government I and 303, half of the tobacco openings were deducted, and mashed in the presence of the hemp in a way that, in turn, the Defendant took off the marith amount of marijuana ( approximately 0.3g-0.5g on a regular basis) with the fire attached to the rater and carried in a way that the Defendant gets off the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Copy of a protocol of police interrogation regarding E;

1. Each investigation report (to attach photographs of a suspect who is missing after the administration of narcotics, etc., results of precise appraisal of seized objects and to calculate additional collection charges);

1. Details of the narcotics appraisal report, the suspect, H and J dialogue;

[Defendant’s confessions from the investigation agency to the court of law as to the violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to smoking in marijuana, and the investigation agency’s method of smoking in marijuana and making a factual and specific statement about the fear of smoking after smoking, etc. In addition, the police’s statement by H is sufficient to guarantee the authenticity of the Defendant’s confessions, as it sold approximately 1 g of marijuana to the Defendant before smoking in marijuana, and it is sufficient to guarantee the authenticity of the Defendant’s confessions. The police’s interrogation protocol by H containing such statement can serve as supporting evidence for the Defendant’s confession as to the smoking of marijuana (see Supreme Court Decision 2008Do7883, Nov. 27, 2008).

Application of Statutes

1. Article applicable to criminal facts;

Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) (GHB medication, choice of imprisonment), Articles 59(1)7, and 3 subparag. 7 (a) of the Narcotics Control Act, Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act (the point of trade in marijuana), Articles 61(1)5, 4(1)1, and 3 subparag. 10(a) of the Narcotics Control Act (the point of trade in marijuana smoking

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes (the sum of the long-term punishment of each crime) prescribed in the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc., due to the

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. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [the ground for calculating a surcharge: 150,00 won for the hemp purchase price + 80,000 won for the sale price of GHB administered (400,000 won for the purchase price of a 50,000 won for a Medication 1 disease administered: five persons including the Defendant]

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than twenty years;

2. Scope of recommendations;

(a) Crimes of violating the Act on the Control of Narcotics, etc. (flavotion) due to the medication of GHB;

[Determination of Types] 2 narcotics crimes, medication simple possession, etc. (ma)

【Special Anmarsensor】

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

(b) Violation of the Act on the Control of Narcotics, etc. by trading marijuana;

[Determination of Types] Narcotics Crimes, Trade Mediation, etc. (mariju, flagb.(b) and (c).)

[Special Anhovasist] Reduction element: Purchasing or receiving for medication, simple possession, etc.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months to 1 year and 6 months;

(c) Violation of the Act on the Control of Narcotics, etc. by smoking marijuana;

[Determination of Types] Narcotics Crimes, Medications, Simple Possession, etc. (mariju, Malith (d) and (e), etc.)

【Special Anmarsensor】

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

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of eight months to two years;

3. Determination of sentence: 8 months of imprisonment and 2 years of suspended sentence;

The Defendant administered GHB, which is a psychotropic drug, and purchased and smoked marijuana. The offense related to narcotics is highly likely to have a serious adverse impact on society as a whole, such as impairing the public health or inducing other crimes, as well as impairing the body and mind of an individual.

The circumstances favorable to the Defendant include the fact that the Defendant has led to the entire confession and reflect of the instant crime, that the amount of smoking marijuana purchased with GHB administered by the Defendant is not so large, and that the Defendant has no record of other crimes.

In addition to the above circumstances, the Defendant’s age, character, conduct and environment, family relationship, circumstances leading to the instant crime, etc., and various sentencing factors specified in the trial process, such as the records of the instant case and the circumstances after the crime, shall be determined as ordered by the disposition.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong