2019Gohap327 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Before the end of the trial, the second day of the trial

Law Firm Jin, Attorney Park Jong-young, Lee Jae-chul, and Kim Jae-chul

June 21, 2019

A 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 three years from the date this judgment became final and conclusive.

The defendant shall be ordered to provide community service for 80 hours.

Seized hemp approximately 8.08g(No. 1), 7 marijuana knife knife knife knife knife knife knife knife knife knife knife

Criminal facts

Even if the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. Smoking1);

A. On February 4, 2019, around the night, the Defendant smoked marijuana in a way that reconcils the burner of the inhaled body containing marijuana catae in the vicinity of the B hotel located in the U.S. LA, by heating it.

B. On February 8, 2019, the Defendant smoked marijuana in a car parked in front of the said hotel at night by heating the hemp mileage in the said manner.

2. Import of marijuana;

On February 9, 2019, at around 10:50 (on-site time in the U.S. LA Si), the Defendant deposited seven marijuana mileages (including a total of 108.48gg, container) and approximately 8.08g of marijuana in each of the bags for travel and deposited them as hand luggages at the supply port of the LA city in the U.S., and on February 10, 2019, the Defendant boarded C aircraft and entered the Republic of Korea via the second passenger terminal of the Incheon International Airport 272 at the Jung-gu airport in Incheon, Jung-gu, Incheon, on February 10, 2019.

Accordingly, the Defendant imported marijuana into the Republic of Korea in the United States.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (the receipt of information on a crime and arrest of a suspect), investigation report (related to the content of THC ingredients in the hemp car store);

1. Report on detection filed by the Incheon Airport Customs office, certificate of small-scale reagents (ACCUSIGN), photographics as a result of simplified reagents test, travelers' personal effects, entry and departure status, the current status of personal effects, the holdch photographs, the result of analysis, the color picture of the holdch (marith cart - marijuana training), the inquiry request table for appraisal (training - marith marijuana);

Application of Statutes

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

Each Narcotics Control Act, Article 61(1)4 (a), Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc., and Article 58(1)5 of the Narcotics Control Act, and Article 3 subparag. 7 (Selection of Penalty Provisions) of the Act on the Control of Narcotics, Etc.

1. Aggravation for concurrent crimes;

Article 37(1)2 and Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes within the scope of the sum of the long-term punishments for the crimes of violation of the Act on the Control of Narcotics, etc. (mariana) and the punishment prescribed by the Act on the Control of Narcotics, etc. (mariana)

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. Social service order;

Article 62-2 (1) of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty years; and

2. Scope of recommendations based on the sentencing criteria: Imprisonment with prison labor for a period of two years and six months to five years.

(a) Basic area of Type 2 of the Act on the Control of Narcotics, Etc. (referring to marijuana, flaging item (d) and (e), etc.) (referring to the period of imprisonment between August and June), including the category 2 of the Act on the Control of Narcotics, etc. due to smoking in marijuana;

(b) Basic area (two years and four years for imprisonment) of Types 2 (mariju, flac, item (c) of the Act on the Control of Narcotics, etc., and the Import, Export, Import, etc. of Narcotics due to the import of marijuana;

(c) Scope of sentence according to the standards for handling multiple crimes: Imprisonment for a period of two years to five years);

(d) Scope of the revised recommendation: Imprisonment for a period of two years and six months to five years (the revision according to the lower limit of the applicable sentences in the law); and

3. Determination of sentence: Imprisonment with prison labor for two years and six months, probationary three years, community service order for 80 hours, and confiscation;

○ Unfavorable Conditions

The crime of this case is a situation unfavorable to the defendant, where the defendant smokes marijuana in the United States and imported marijuana while entering the United States, and the contents of the crime are not good, and narcotics crimes cause serious injury to individuals and society due to their toxicity, and thus strict measures are required.

○ favorable circumstances

It should be taken into account that the Defendant appears to have led to the confession and reflect of the instant crime as the first offender, that the Defendant did not seem to have imported marijuana for the purpose of distributing it in Korea, and that the amount of imported marijuana is not much, and that it was entirely seized and has not been distributed in Korea.

In light of the above circumstances, the sentencing conditions specified in the trial process of this case, including the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, the punishment as ordered shall be determined.

The presiding judge, judges and grandchildren;

Judges Cho Il-hwan

Judges Seo-won

1) Where a prosecutor seeks the Defendant’s collection of 3,00 won for the smoking part of the marijuana, but it is impossible to specify the quantity of the marijuana subject to the collection, he/she may not order the Defendant to collect the additional collection (see, e.g., Supreme Court Decision 2016Do16170, Dec. 15, 2016). This part of the facts charged also does not stipulate the quantity of the marijuana that the Defendant smoked, and thus, the Defendant shall not be sentenced to the additional collection for the smoking part of the marijuana.

2) 4 years + 9 months + 1/2) + 6 months + 1 June X 1/3)