2014Gohap3 Narcotics Control Act (mariana) in violation of the Act on Narcotics, etc.

A

Kim Jong-soo (prosecution) and Kim Sung-dong (Trial)

Attorney B (Korean National Assembly)

February 6, 2014

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall order the defendant to take 40 hours of pharmacologic treatment.

43,000 won shall be additionally collected from the defendant.

Criminal facts

In spite of the fact that anyone is prohibited from trading or smoking marijuana, the Defendant traded or smokeed marijuana as follows:

1. Trade in marijuana;

On September 20, 2012, the Defendant purchased 5g of marijuana from "C" to 500,000,000 won at a restaurant where the trade name in Gangnam-gu Seoul, Seoul is unknown, and sold part of the hemp to D as follows:

A. At around 00:00 on October 3, 2012, the Defendant traded marijuana by 130,000 won by putting about 1g of marijuana contained in vinyl paper into D, from the toilets of the building in Gangnam-gu Seoul Metropolitan Government Mode-dong.

B. At around 21:00 on October 5, 2012, the Defendant: (a) purchased and sold marijuana approximately 2g of marijuana contained in vinyl finites to D; and (b) purchased and sold marijuana by 300,000 won from D.

2. Smoking marijuana;

A. At around 20:00 on October 1, 2012, the Defendant: (a) stored approximately 2g of marijuana purchased from the name “C” as referred to in paragraphs (1) and (2) of Gangnam-gu Seoul Gangnam-gu apartment complex 1502; and (b) smoked marijuana by putting it into the pipe made of stuffed paper; and (c) attaching a fire to it.

B. At around 22:00 on August 5, 2013, the Defendant smoked marijuana by inserting approximately 1g of marijuana purchased at the place from piracy sales to 20 U.S. dollars in tobacco pipes, and attaching a fire thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Investigation report (verification of the cancer trade price);

1. A letter of narcotics assessment (A hair and physical appearance);

1. A immigration status;

Application of Statutes

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

Each Narcotics Control Act (the point of trade in marijuana), Article 59(1)7, Article 3 subparag. 9 (the point of trade in marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of trade in marijuana and the choice of imprisonment) of the Narcotics Control Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (limited to the crimes of violation of the Act on the Control of Narcotics, etc.) due to the trade of marijuana from October 5, 2012, which is the largest penalty and penalty)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Reasons for sentencing

1. Application of the sentencing criteria;

(a) Trade in marijuana;

[Types] Narcotics Crimes, Trading, Mediation, etc., Bribery (Type 2)

【Special Convicted Person】

[Scope of Recommendation) Imprisonment from one year to two years (Basic Area)

(b) Each marijuana smoking;

[Types] Narcotics crimes, medication, simple possession, etc., marijuana (Type 2)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Basic Area)

(c) Application of standards for handling multiple crimes: Imprisonment with prison labor for one year to three years and six months;

2. Determination of sentence;

Since the crime related to narcotics has a great harm to society, and the defendant sells marijuana, the defendant's liability is not less than that of the defendant.

However, the court shall take into account the circumstances favorable to the defendant, such as the fact that the defendant has no particular criminal record, the fact that the defendant recognized all of the crimes of this case and reflected them, and shall determine the punishment as ordered by the order, comprehensively taking into account various factors of sentencing, including the defendant's age, occupation, family relationship, personality and behavior, living environment,

The presiding judge, senior judge;

Records of Judges

Judges Kim Jae-hee