2019 Highest 1506, 2019 Highest 1985 (Joints), 2019 Highest 2162 (Joints)

(a) Violation of the Act on the Control of Narcotics, etc. (fence);

(b) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

1. A. Na. A. South 85. G. (Korean People's Republic of China on Reference domicile)

1. The People's Republic of China (referring to the People's Republic of China)

3. A. C. South 82. Birth (the People's Republic of China's Republic of China)

4. (a) D. D 82. Livelihood

5. A. E. 78 South Korea (the People's Republic of China's Republic of China)

6. A. F. F. 85. Birth (the People's Republic of China's Republic of China)

Correction, Choi Jin (Public Prosecution), KimMa-ro (Public Trial)

Attorney* (Attorney for Defendant A)

Attorney Lee Do-young (the national office line for Defendant B)

Attorney Lee Do-young, Ma-dae (for Defendant C),

Attorney $$ US, % (for defendant D)

Attorneys Kim & Lee (Korean National Assembly for defendant E, F)

July 25, 2019

[Defendant A]

Defendant A shall be punished by imprisonment with prison labor for a year and six months.

Seoul District Prosecutors' Office Nos. 2, 4, 5, 6, 10, 14, and 15, which were seized under the pressure No. 486 of 2019

A shall each be forfeited from A.

A 500,000 won shall be additionally collected from Defendant A.

Defendant A shall be ordered to pay an amount equivalent to the above additional collection charge.

[Defendant B]

Defendant B shall be punished by imprisonment with prison labor for a year and six months.

Seoul District Prosecutors' Office Nos. 3, 5, 6, 7, and 8, which were seized under the pressure No. 680 of 2019 from Defendant B

each confiscation.

A penalty of KRW 2.9 million from Defendant B shall be collected.

Defendant B shall be ordered to pay an amount equivalent to the above additional collection charge.

[Defendant C]

Defendant C shall be punished by imprisonment with prison labor for one year.

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

To order Defendant C to be put on probation.

A penalty of KRW 200,00 from Defendant C shall be collected.

Defendant C shall be ordered to pay an amount equivalent to the above additional collection charge.

[Defendant D]

Defendant D shall be punished by imprisonment with prison labor for a period of ten months.

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

To order the defendant D to be put on probation.

A collection of KRW 100,00 from Defendant D shall be made.

Defendant D shall be ordered to pay an amount equivalent to the above additional collection charge.

[Defendant E]

Defendant E shall be punished by imprisonment with prison labor for one year.

However, for two years from the date this judgment becomes final and conclusive, the execution of the above sentence against Defendant E shall be suspended.

Defendant E shall be put on probation.

The evidence 2 and 3 seized by the Ulsan District Prosecutors' Office No. 788 of 2019 shall be confiscated from Defendant E, respectively.

of this section.

A penalty of KRW 300,00 from Defendant E shall be collected.

Defendant E shall be ordered to pay an amount equivalent to the above additional collection charge.

[Defendant F]

Defendant F shall be punished by imprisonment with prison labor for a year and six months.

However, for 3 years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant F shall be suspended.

To order the defendant F to be put on probation.

2.7 million won shall be additionally collected from Defendant F.

Defendant F shall be ordered to pay an amount equivalent to the above additional collection charge.

Facts of crime

[2019 Highest 1506]

1. Defendant A

The Defendant, a Chinese national foreigner, entered the Republic of Korea on March 14, 2016 short-term visit (C-3) sojourn status from August 4, 2016 to overseas Koreans (F-4) sojourn status (the expiration date: July 29, 2019) (F-4) and continued to reside in the Republic of Korea and work for day duty work, and the living cost becomes insufficient while living, after securing the number of visitors by inducing people to access the Internet obscene site, received advertising expenses from those who want to advertise, or opened an account, such as the Internet drug publicity box or twitter with advertising phrases for narcotics, etc., and opened the account by selling them to others.

(a) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (obscenity distribution);

(1)O (htps: / /**.com)’s crime through the operation of the site.

Although anyone is prohibited from spreading, selling, leasing, or openly displaying obscene codes, language, sound, image, or motion picture via an information and communications network, he/she operated this "O (htps: / **.com)" in the Internet obscene material site opened by the Defendant using his/her own Nowon-gu or mobile phone from June 26, 2017 to January 6, 2019, the Defendant provided that, on October 2, 2018, the Defendant provided that, from June 26, 2017 to January 6, 2019, the Defendant provided that, without compensation, he/she would have access to the above website so that many people want to view it.

Accordingly, the Defendant distributed or displayed obscene videos to the public through information and communication network.

(2) The crime committed through the operation of the website “hts (hts: / Nt. / Nbb)”

From March 15, 2017 to October 28, 2018, the Defendant operated the “PPs” (htps / / mp mp mp) of the Defendant’s Internet pornography opened by using his/her own Nowon-gu computer or cellular phone from March 15, 2017 to October 28, 2018; the Defendant posted two obscene videos under the title “a person who works in front of his/her own house” on the website; and “a person who works in front of his/her own house” and “a person who works in his/her own house” [a person who works in his/her own house] and “a person who works in his/her own house,” and “a person who works in his/her own house” [a person who works in his/her own house in his/her own house in his/her own house in his/her own house in his/her own free of charge in his/her own house in 2018].

Accordingly, the Defendant distributed or openly displayed obscene videos through information and communications networks.

(b) Violation of the Act on the Control of Narcotics, etc. (fence);

(1) A crime using Internet sites (htps: / / / Me.com)

In spite of the fact that anyone is prohibited from widely informing or presenting information on the sale and purchase of narcotics, etc., the Defendant is scheduled to sell narcotics through Kakao amping from a seller of narcotics, etc. on his/her personal identity around January 2019. It would allow people who wish to purchase narcotics to contact with telegram IDs used by him/her. It would be desirable to use the Internet site for the sale of narcotics in the direction of emphasizing that there are many people who wish to buy narcotics, and that there is no strong competition in public relations. It would be good if a site was manufactured in the direction of emphasizing that the sale of narcotics is not a fraud. It was proposed that the Defendant would have widely known or proposed information on the sales and purchase of narcotics, etc., and that the Defendant would have contacted with the above 4th marth marth marth mar mar * mar mar mar mar mar mar mar mar mar mar mar mar m.

As a result, the Defendant widely known or presented information on the sale and purchase of narcotics to others.

(2) the commission of the Twitter account.

On January 2019, the Defendant is scheduled to sell narcotics through telegram from a seller of narcotics, etc. who is not on his identity. The Defendant: (a) made a Twitter account that promotes the sale of narcotics and made it possible for people who wish to purchase narcotics to have contact with the telegram Id (Glur and Manum) used by him; and (b) accepted it from time to April 5 of the same year; (c) * * * Ambrehter program in several Twitter accounts opened by the Defendant using his Nowon Computer (a program that provides pre-designated phrases or photographs, etc. to be posted on the Twitter account automatically at a certain time; (d) made it possible for people who wish to purchase narcotics to have contact with the above Twitter, and (e) consented to this; and (e) made it possible for people to have contact with the above Twitter, such as Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma Ma.

As a result, the Defendant widely known or presented information on the sale and purchase of narcotics to others.

(3) A crime using a personal data program account

피고인은 2019 . 2 . 19 . ' ■■ ' 라는 아이디로 인스타그램 계정을 개설한 후 프로필 닉네임을 ' △△ ' 로 , 계정 소개글을 ' 순도좋음 , 배달없음 ' 으로 각각 설정하고 , 그때부터 같은 해 4 . 3 . 사이에 위 계정에 ' ■■ 문의 텔레 ▲▲ 지방없음 x , 배달없음 x , 샘없음 x , 선드랍 ok ' 라는 내용의 글을 게시함으로써 위 인스타그램 계정에 접속하는 불특정 다수의 사람들에게 신원 미상의 마약류 판매업자와의 접촉 방법을 알려 주었다 .

As a result, the Defendant widely known or presented information on the sale and purchase of narcotics to others.

“2019 Highest 1985

Defendant A, B, C, and D are not a person handling narcotics.

2. Defendant A, B

(a) Medicationon March 13, 2019;

Defendant A, B, around 16:54 on March 13, 2019, administered an empty container connected with a psychotropic drug in the form of 5:0-3 Madle * 00-3 Madle, “Y” in the form of clopic 0.2 glopic clopic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic copic c.

(b) Medicationon March 19, 2019;

Defendant A and B administered each of them by 00 to 08:0 on March 19, 2019, Defendant A and B, around 00 to 08:0, * * * * * 00 - 3 Mada 00 - MaMa 3 MaMa MaMa MaMa.

(c) Medicationon March 22, 2019;

Defendant A, and B, around 0 to 23:0 on March 22, 2019: 00: - 23:45 Silil City****** 00- 3 Melopon 00- 00 - 3 Melopon 0.1g by postlopon 0.1g respectively.

(d) Medicationon March 30, 2019;

Authorized A, B, on March 30, 2019:0 to 04:0 05: 00 Silst City***** 00 - 3 00 - 3 Mesaton, respectively, administered a large amount of penphones by post-satis.

3. Defendant B, C

Defendant B, and C, around May 9, 2019:0, around 00, administered each of them in the form of 03 grophones from USD 0.03 g. 03 in the form of erophones from USD 0.03 g.

4. Defendant C, D

On May 11, 2019: (a) around 20: (b) around 20 Sinsi-si & Si ** The Defendant C administered 03g of Sinopon by luscis, and (b) the Defendant D administered the remaining lucon by means of drinking water after the Defendant C administered, with the remaining lucison.

5. Defendant B

(a) Possession of philophones;

On May 11, 2019, the Defendant held on May 11, 2019: (a) around 20 Sinsi-si & Si * * Do-U.S.C. A mobile phone unit in the Doldong-gu of the United States of America in the erophone 0.03g in the erophone.

(b) Medication of philophones;

(1) On April 2019, the Defendant administered approximately 21:00 to 22:00, the Defendant administered 03 grophones in the form of laves from USD 0.03 to $ 03 grophones.

(2) On May 1, 2019, the Defendant administered 00 grophone 0.03 g, in the form of Liber, from 1. 5. 201 to 1. 5. 1. 1. 201.

(3) On May 4, 2019, the Defendant administered 03 g of Agrophone 0,000 after Egrophone 0.03 g., from Agrophone 0.03.

(4) On May 5, 2019, the Defendant administered 03 g of Agrophone 0,000 after Egrophone 0.03 g. from Agrophone 0.03 g.

(5) On May 10, 2019: 09:0, the Defendant administered 00 Sinsi-si & Si * * eroop 03gon in the eroop 03g, eroop 03g, in the eroop.g.

[2019 Highest 2162]

Defendant A, B, E, and F are not a person handling narcotics.

6. Defendant A, E

Defendant A, and E, around 30, December 2, 2018: 16:30 Osan-si Dobb ***** - 5% of philopon 10.2g of philopon respectively.

7. Defendant E.

A. On December 28, 2018, the Defendant administered on a 30-round 21:30 Osan-ro**** ** - 5% of opon 0.2g of opon clon.

B. The Defendant administered on February 4, 2019: 18:00 Osan-ro***** 5% of philopon 0.2g of philopon.

8. Defendant B, F

A. Defendant B, and F, around April 7, 2019, administered each of them within the Kaxon car parked in the vicinity of the fire station located in the Dong * within the Kaxon car in the head of the fire station, and in the form of laxon, after lax, respectively.

B. Defendants B, and F administered each of them in the form of post-scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

C. On May 4, 2019, the Defendant was administered in the form of dilution & M&O in the A.M. 2019, and the Defendant F was administered in the form of rilus, after a large amount of sularphones, and the Defendant B administered in the form of drinking water remaining after the Defendant F administered in the form of dilution.

19. Defendant F

A. On February 2, 2019, the Defendant administered mecopon 00 & 00 ophone ophone o. o. o. o. o. o. o. o. o. o. o.

B. On February 2, 2019, the Defendant administered a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

C. On March 1, 2019, the Defendant administered approximately 15:00 Do-ro 00 Do-ro 6, Do-ro 00 Do-ro 0.5 g of phi-phone 0.5 g by means of post-Lon.

D. On May 2, 2019: around 07: 30 Sinsi-si & & 1.09, the Defendant administered a large amount of penphones in the form of post facto scopon.

E. On May 3, 2019: around 00, the Defendant administered a large amount of penphonephones in the 15th M& around 00 * in the 19th century.

F. On May 6, 2019, the Defendant administered a non-explic phone in the form of post-scopon in the form of A.I.D. and R&D ** in the form of USD 1.00.00.

G. On May 9, 2019: around 00, the Defendant administered a large amount of filterphones in the form of post-scopon, from around 00 to 19:0 * $$ * in the form of post-scopon.

H. On May 10, 2019: 09: 00 to 11:00, the Defendant administered philosophical philosophical philosophical philosophs in the form of Silst and R&C between Silst and 00 ** in the form of USD 1.00.

(i) The Defendant administered on May 23, 2019: 20:0 Silst City* in Dong* * 0.5 g of philopon in the vicinity of a fire station * 0.5 g by postlopon.

(j) On May 29, 2019, the Defendant administered the meanopopon in the following meanthic meanthic meanthic meanthic meanthic meanthic meanthic meanthic meanthic meanthic meanthic meanthic mean

10. Defendant F

A. On February 2, 2019, the Defendant purchased KRW 200,000 from B in 00 p.m. to 00 p.m. * 00 p.m. to 00 p.m.

B. On March 1, 2019, the Defendant received 15:00 square meters from 00 Ro-ro 00 to 0.5 g of phi-phone 0.5 g from B and received it.

C. On April 7, 2019, the Defendant purchased KRW 0.5g of philopon from B in the numberless car parked near the library located in the Dong * in the numberless car located in the West.

라 . 피고인은 2019 . 4 . 7 . 저녁경 시흥시 * * 로 소재 ' ★ ★삼계탕 ' 부근에 주차된 번호 불상의 카니발 승용차 안에서 B로부터 필로폰 0 . 5g을 대금 20만 원에 구입하였다 .

E. On May 9, 2019, the Defendant purchased KRW 2g 80,000 from around 00 to 21:0,000 from around 0 to around 00, the Defendant purchased KRW 2g 80,000 from B on the nearest road of 00,000 to 00,000.

11. Defendant B

A. On March 2019, the Defendant administered the instant drugs by ribers, after 00-ro 00-ro 00 and 05-ro 0-ro 00-ro 0.05 grophones.

B. On February 2, 2019, the Defendant sold 00,000 won 20,000 won of philopon to F in 00,000 p.m. ** 00,000 p.m. and 00 p.m.

C. On March 1, 2019, the Defendant issued from 00 Do-ro 00 to Do-ro 00 Do-ro 0.5 g of phi-phone 0.5 g of phi-phone 00 to Do-ro Do-ro around 00.

D. On April 7, 2019, the Defendant sold F.M. 0. 5g philop to F in the numberless car parked in the fire station located in the Dong * in the numberless car located in the fire station located in the Dong 200,000 won.

마 . 피고인은 2019 . 4 . 7 . 저녁경 시흥시 * * 로 소재 ' ★★삼계탕 ' 부근에 주차된 번호 불상의 카니발 승용차 안에서 F에게 필로폰 0 . 5g을 대금 20만 원에 판매하였다 .

F. On May 9, 2019: from 00 to 21:00, the Defendant sold 2g of phiphones to F in 00 to 00,000, ** 00 to 00 to 00,000.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Defendant A: Articles 74(1)2, 44-7(1)1 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.; Articles 62(1)3, 3 subparag. 12(b), and 4(1)1 (b) of the Act on the Control of Narcotics, Etc.; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (a) of the Act on the Control of Narcotics, Etc.; Articles 60(1)2, 60(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Articles 74(1)1, and 44-7(1)3(b) of the

Defendant B: Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the administration, possession, sale, receipt and delivery of phiphones), and choice of imprisonment with prison labor, respectively.

Defendant C: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of a phiphone medication) of the Narcotics Control Act; the choice of imprisonment for each term of imprisonment

Defendant D: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of a phiphone medication) of the Narcotics Control Act; the choice of imprisonment for a crime

Defendant E: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of a phiphone medication) of the Narcotics Control Act; the choice of imprisonment, respectively,

Defendant F: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (a) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Defendant A, B, C, E, and F: the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendant C, D, E, F: Article 62(1) of the Criminal Act

1. Probation;

Defendant C, D, E, F: Article 62-2 of the Criminal Act

1. Confiscation;

Defendant A: Article 48(1) of the Criminal Act

Defendant B and E: the main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

Defendants: proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

[Defendant A]

1. Sentencing criteria:

(a) A crime of violating the Act on the Control of Narcotics, etc. (fluoron medication);

[Scope of Recommendation Form]

Types 3 (b) and (c) of medication, simple possession, etc.: Basic area (10 months to 2 years)

(b) Violation of the Act on the Control of Narcotics, etc. (fluoron advertisements) and violation of the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc. (b)

The sentencing criteria are not set.

(c) Handling multiple crimes: Imprisonment with prison labor for not less than ten months; and

The crimes for which the sentencing criteria are set and the crimes for which no sentencing criteria are set are set shall be the lower limit of the range of sentence according to the sentencing criteria only because the crimes for which the sentencing criteria are set fall under the concurrent crimes relationship under the former part of Article 37

2. Determination of sentence;

Based on the above sentencing guidelines, the punishment as ordered shall be determined by comprehensively taking into account the facts charged, the size and period of the crime of spreading obscene materials, the size and contents of the philophone advertising, the frequency and circumstances of the administration of philophones, and other various sentencing factors, such as the defendant's age, character and conduct, environment, and motive for the crime.

[Defendant B]

1. Sentencing criteria:

Type 1: Sale, good offices, etc. (mariju, b. c.) : Basic area (one year to two years).

Category 2: medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Category 3: Medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Final Recommendation Form: one year to three years;

2. Determination of sentence;

Based on the above sentencing guidelines, the punishment shall be determined as ordered by comprehensively taking into account the facts charged, the administration, possession, sale, the frequency and size of giving and receiving of phiphones, and other various sentencing factors, such as the defendant's age, character and conduct, environment, motive for crime, etc.

[Defendant C]

1. Sentencing criteria:

Category 1: medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Category 2: medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Final Recommendation Form: 10 months to 3 years

2. Determination of sentence;

Based on the above sentencing guidelines, the sentencing factors, such as the fact that the facts charged are recognized, the frequency of phiphone medication, and other various sentencing factors, such as the age, character and conduct, environment, and motive of crime, shall be determined as ordered.

[Defendant D]

1. Sentencing criteria:

Types 3 (b) and (c) of medication, simple possession, etc.: Basic area (10 months to 2 years)

2. Determination of sentence;

Based on the above sentencing guidelines, the sentencing factors, such as the fact that the facts charged are recognized, the frequency of phiphone medication, and other various sentencing factors, such as the age, character and conduct, environment, and motive of crime, shall be determined as ordered.

[Defendant E]

1. Sentencing criteria:

Category 1: medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Category 2: medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Category 3: Medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Final Recommendation Form: 10 months to 3 months;

2. Determination of sentence;

Based on the above sentencing guidelines, the sentencing factors, such as the fact that the facts charged are recognized, the frequency of phiphone medication, and other various sentencing factors, such as the age, character and conduct, environment, and motive of crime, shall be determined as ordered.

[Defendant F]

1. Sentencing criteria:

Type 1: Sale, good offices, etc. (mariju, b. c.) : Basic area (one year to two years).

Category 2: medication, simple possession, etc. (b) : Basic area (0 months to 2 years)

Type 3: Medication, Simple Possession, etc. (Na. b. and c.): Basic area (10 months to 2 years).

Final Recommendation Form: one year to three years;

2. Determination of sentence;

Based on the above sentencing guidelines, the punishment like the main sentence shall be determined by comprehensively taking into account the following factors: the fact that the facts charged are recognized based on the above sentencing guidelines, the administration of phiphonephones, the number and size of acceptances, and other various sentencing factors, such as the defendant's age, character and conduct, environment, motive for crime

Judges Park Young-young