2018Gohap54 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

Kim Jong-sung (Court) (Court of Second Instance) (Court of Justice)

Law Firm B, Attorney C

February 8, 2018

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. 1,928,640 won shall be collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal facts

1. Purchasing marijuana;

A. On May 12, 2016, at around 15:26, the Defendant, at the Internet deep web sales site, intended to purchase approximately 1g of marijuana from a person under the name-free seller using ID’s “DE”, and transferred approximately 190,82 won to an electronic wall box used by the seller, and at around 22:50 on the same day, purchased marijuana by finding approximately 1g of marijuana in the first floor electric corridor near the exit of Gwangjin-gu, Seoul Special Metropolitan City.

B. At around 20:53 on July 12, 2016, the Defendant: (a) decided to purchase approximately 3 g of marijuana from a non-name seller using “DG”; (b) transferred approximately 338,927 bitcos equivalent to the above seller’s bitcos to an electronic wall box used by the seller; and (c) purchased marijuana by means of finding about 3 g of marijuana under the first floor male toilet change of the building in Gangnam-gu Seoul, Seoul, at around 22:50 on the same day. The Defendant purchased approximately 2g of marijuana from a non-name seller using “G” as above on July 24, 2016; and (d) purchased it to a non-name seller using the said “G”, and at around 21:26, 208 bitcos in Seocho-gu, the Defendant purchased it within 20 g of the same day by means of delivery to the seller of the said bitcos in Seocho-gu.

D. On August 4, 2016, the Defendant, at around 16:14, decided to purchase 3 g of marijuana from L using 'D' 'D', and purchased marijuana in a way that, at around 24:00 on the same day, the Defendant transferred 3 g of marijuana to bitcoin using L, which is equivalent to 301,187 won, to bitcoin, and then purchased marijuana in a way that 3 g of marijuana is found in front of the 'N household' building in Sungnam-si, Sungnam-si, and 'N household in the first floor'.

E. On September 18, 2016, the Defendant decided to purchase approximately 1g of marijuana from Q that uses the ID 'D' (one name') 'D' (one name), and transferred approximately 1g of marijuana 132,293 to Q, to Q, around 01:0 on the same day, the Defendant purchased marijuana by means of finding about 1g of marijuana from the air conditioner outside the air conditioner, installed in the outdoor parking gate of the building in the area adjacent to the Gangnam-gu Seoul R, Seoul, and around 01:0 on the same day.

F. On October 6, 2016, the Defendant decided to purchase approximately 4g of marijuana from a non-name seller using said “GID”, and transferred the bitcos equivalent to KRW 399,390 to an electronic wallper used by the said seller, and then purchased marijuana by means of searching about 4g of marijuana under the air conditioner outside the air conditioner installed in the immediately adjacent to the building located in Seongbuk-gu Seoul Metropolitan Government on the same day at around 23:00 on the same day.

G. On October 28, 2016, the Defendant, at around 17:32, decided to purchase 3 g of marijuana from L using IMO, and transferred 330,413 won in the Republic of Korea to L, and at around 23:00 on the same day, purchased marijuana by means of searching about 3 g of marijuana from the air conditioner, installed adjacent to the building of Dongdaemun-gu Seoul, Seoul, which was located adjacent to the air conditioner, located adjacent to the building.

2. Smoking marijuana;

A. At around 01:00 on May 13, 2016, the Defendant: (a) manufactured marijuana tobacco at the right side of the building of V University W located in Seongbuk-gu Seoul (hereinafter “VU”); (b) made it by removing tobacco smokes and inserting approximately 0.5g of marijuana; and (c) smoked, as if the Defendant smoked, marijuana by attaching it to a rater.

B. At around 03:00 on May 13, 2016, the Defendant smoked approximately 0.5g of marijuana from the alleys immediately adjacent to the above dormitory by the said method.

C. On July 13, 2016, around 01:00, the Defendant smoked approximately 0.5g of marijuana at the 304 front of the smoking place, Giung-gu X apartment 1 complex, Young-gu, X apartment 304, respectively, on two occasions.

D. At around 01:00 on July 25, 2016, the Defendant smoked approximately 0.5g of marijuana at the above-mentioned smoking place in the above-mentioned method.

E. On August 5, 2016, around 02:00, the Defendant smoked approximately 0.5g of marijuana at the smoking place of the above apartment.

F. At around 03:00 on September 18, 2016, the Defendant smoked approximately 0.5g of marijuana at the smoking place of the above apartment.

G. At around 01:00 on October 7, 2016, the Defendant smoked approximately 0.5g of marijuana from the alleys immediately adjacent to the above dormitory by the said method.

H. At around 01:00 on October 29, 2016, the Defendant smoked approximately 0.5g of hemp in the above manner from the alleyway immediately adjacent to the above dormitory. The summary of the evidence is as follows.

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police interrogation protocol of Q and L;

1. Correspondence to a statement on narcotics appraisal (No. 2017-H-13084);

1. Application of Acts and subordinate statutes on the details of transactions in Bitcoin and electronic details of transactions in Q Q;

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

Articles 59(1)7 and 3 subparag. 9 (the point of purchase of marijuana) of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016; hereinafter referred to as the “former Narcotics Control Act”); Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (the point of the smoking of marijuana and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 (Aggravation of concurrent crimes with the punishment provided for in the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") due to the purchase of marijuana on October 6, 2016) of the Criminal Act

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 grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Additional collection:

The total purchase price of marijuana purchased as stated in paragraph (1) of Article 67 of the Narcotics Control Act (Calculation of Additional Collection Amount) (=1,928,640 won + 338,927 won + 235,608 won + 301,187 won + 132,293 won + 39,390 won + 330,413 won)1)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act provides reasons for sentencing; 1. Scope of applicable sentences: Imprisonment with prison labor for up to six months from June 22

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (marijuth) by sales of marijuana;

[Determination of Types] Trade Mediation, etc. for Narcotics Form 2 (mariju, fab.(b) and (c), etc.)

[Special Mitigation] Purchasing or receiving for simple possession of medication

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

(b) Results according to the standards for handling multiple crimes: Imprisonment with prison labor for up to two months from August;

3. Determination of sentence;

[Unfavorable Circumstances] Crimes related to narcotics are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society due to their stimulation and toxicity, etc. Along six months, the Defendant purchased marijuana over several occasions during the nearest period, and committed crimes such as continuous smoking of purchased marijuana. In light of the specific details of the instant crimes and the frequency of the crimes, it is inevitable to punish the Defendant significantly.

[G] The Defendant has no record of being punished for committing a crime other than that sentenced to a fine once prior to the instant crime, which was committed by an investigative agency to the point of view that he/she voluntarily suspended smoking of marijuana around November 2016, which was prior to the discovery of the crime related to narcotics, and again, he/she does not commit a crime related to narcotics.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of each of the crimes of this case, circumstances after the crime, etc., and all of the sentencing factors specified in the records and arguments shall be determined by comprehensively taking into account.

The presiding judge, the full-time judge;

Judges Kim Gin-han

Support for judges' organization

1) Since each of the Defendant’s crimes of smoking marijuana appears to have smoked the marijuana purchased as described in paragraph 1 of the judgment of the Defendant, it is separate from others

the value of such property shall not be additionally collected.