Violation of the Act on the Control of Narcotics, Etc. (Law No. 2016, Apr. 26, 2016)

The public prosecution is revoked by the public prosecutor as to the administration of 2 hours X-gu.

Notice of Rejection of Public Prosecution, Narcotics Control Act, etc.

Violations (marijus)

A

He/she shall file a prosecution, and he/she shall file a trial.

Attorney B (Korean National Assembly)

February 2, 2017

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 becomes final and conclusive.

The defendant shall be subject to probation for one year and shall be ordered to take a course of pharmacologic treatment for 40 hours.

Seized evidence Nos. 1 and 5 shall be confiscated.

2,025,00 won shall be additionally collected from the defendant.

Criminal facts

The defendant is not a person handling narcotics.

1. On October 25, 2016, the Defendant purchased psychotropic drugs from a person whose name is unknown at the Hong Kong Self-Governing State of China at USD 6,00 Hong Kong (Korea), 6,000, an psychotropic drug, from a person whose name is unknown, at the Incheon International Airport located at 272, Jung-gu Incheon International Airport around 2016,10, 27:40.

Accordingly, the Defendant imported psychotropic drugs.

2. On October 28, 2016, the Defendant: (a) around the Gangnam-gu Seoul Metropolitan Government building D and E (A) Dong; (b) around 15 years out of the X-si imported to E, such as the preceding paragraph; and (c) received KRW 1.8 million thereafter.

Accordingly, the Defendant sold psychotropic drugs.

3. The Defendant, around October 29, 2016, at the “G club” in Gangnam-gu Seoul Metropolitan Government F, around October 30, 2016, the above “G club” toilets around October 30, 2016, and “I club in H” toilets around October 31, 2016, and each X-si.

Accordingly, the Defendant administered psychotropic drugs more than three times in total.

4. Around October 16, 2016, the Defendant, within a passenger car parked in the K parking lot located in the Gangnam-gu Seoul Gangnam-gu SeoulJ, collected the hemp in tobacco and inhaleed the smoke by inserting it in tobacco.

Accordingly, the Defendant smoked marijuana.

5. On October 27, 2016, the Defendant collected the mariana’s non-fluor capacity in tobacco and inhaled it by inserting it in the passenger room in the Hong Kong Self-Governing State of China.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of each police suspect regarding E;

1. Written consent to the collection of urines (Evidence No. 1), A suspect A's written consent (Evidence No. 2), results of the examination of simple reagents (Evidence No. 2), results of the examination of urines (Evidence No. 11), details of the phone call No. 13, request for appraisal (Evidence No. 13), investigation report (Evidence No. 14, 15), suspect A's immigration status (Evidence No. 24), request for appraisal and drug appraisal report (Evidence No. 25), investigation report (Evidence No. 28)

1. Each protocol of seizure (number 3 through 6, 7 through 10, 16 through 20 of the evidence list);

Application of Statutes

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

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) (Article 58(1)2, Article 4(1)2, Article 4(1)2, Article 4(1)3(b) (Article 60(1)1, and Article 2 subparag. 3(b) (Article 60(1) of the Narcotics Control Act) of the Act on the Control of Narcotics, Etc., Articles 60(1)2, 4(1)1, and 4(1)3(b) (Article 60(1)1, Article 2 subparag. 3(b) (Article 61(1) of the Act on the Control of Narcotics, Etc., Article 61(1)4 (a), and Article 3 subparag. 10 (Article 10(a) of the Act on the Control of Narcotics,

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the Import of X-gu with the largest punishment]

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. Orders for probation and education;

Article 62-2 (1) and the proviso to Article 62 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Additional Collection Amounting to KRW 2,025,00 = 219,00 (the import price for KRW 5 X-si in Paragraph (1) of this Article) + 1,800,000 (the sale price under Paragraph (2) of this Article in the market) + 6,000 won (the price for marijuana in paragraphs (5) and (6) at the market)];

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from June to June 22 months;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the importation of X masterss; and

[Determination of Types] Narcotics Crime Group, Export and Import Manufacture, etc. (Narcotic Drugs, Psychotropic Drugs, Doz. (b), etc.)

【Special Convicted Person】

[No person who is a general person]

[Scope of Recommendation] Basic Area: Imprisonment for 4 years to 7 years;

(b) The first concurrent crime: the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale of X-mail; and

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 2 (mariju, flagb. (b) and (c).)

【Special Convicted Person】

[No person who is a general person]

[Scope of Recommendation] Basic Area: Imprisonment with prison labor for one year to two years

(c) 2nd concurrent crime: A crime of violation of the Act on the Control of Narcotics, etc. (flavotion) due to medication of X-how; and

[Determination of Type] 3 Narcotics Crime Group, Medication, Simple Possession, etc. (Raybb items (c) and (c) etc.)

【Special Convicted Person】

[No person who is a general person]

[Scope of Recommendation] Basic Area: Imprisonment of 10 months to 2 years;

(d) Scope of recommending punishment revised according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to eight years.

3. Determination of sentence;

A narcotics-related crime is likely to have a serious adverse impact on society throughout society, such as not only avoiding the body and mind of an individual due to their spatience, toxicity, radio wave, etc., but also high risk of undermining the health and social safety of the people, and risk of causing related crimes.

Nevertheless, the Defendant imported, sold, administered, and smoked marijuana by importing, selling, and administering an X-gu, and the criminal liability cannot be less than that of the Defendant. This is an unfavorable circumstance to the Defendant.

However, the Defendant acknowledges all of his mistake and reflects, and there is no record of punishment for the same kind of crime. The Defendant imported X-si on one-time basis upon the E’s request, and the Defendant appears not to have been imported for the purpose of selling or distributing narcotics first. The Defendant is taking into account these facts favorable to the Defendant. The Defendant takes into account the circumstances favorable to the Defendant, and determines a sentence lower than the lower limit of the recommended sentence on the sentencing guidelines, taking into account all the sentencing conditions specified in the instant argument, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, and circumstances after the instant crime.

The presiding judge charter

Judges Yang Yang-soo

Judges Jeon Jae-chul

1) The confiscation or collection under Article 47(1) of the former Psychotropic Drugs Control Act (Article 2 of the Addenda of the Act on the Control of Narcotics, Etc., Act No. 6146, Jan. 12, 200) is not aimed at depriving the profits from a criminal act, but rather is a punitive disposition, so even if there was no profits from the criminal act, the court shall order the collection of the equivalent value: Provided, That with respect to the scope of such collection, it is necessary to issue an order for the collection of the equivalent value within the scope he handled based on the defendant, and it is not necessary to separately collect the equivalent value by each act of the defendant who handled the same drug (see, e.g., Supreme Court Decision 200Do546, Sept. 8, 200); since the confiscation or collection is imposed on 15 bit 20 x x x 20 x x x x x x 15 x 5 x 7.

Basis for calculation: 876,00 won (purchase price for 20 households) ¡¿ 5/20 - 219,000 won

2) 3,000 won X 2,00 won for marijuana 1 minute cancer trade.

3) In the case of three or more concurrent crimes, the scope of sentence shall be determined by taking into account the maximum range of sentence among other crimes, the highest maximum range of sentence among the second crimes, and the highest range of sentence, and the following only three offenses are three or more. Thus, the sentencing criteria need not be separately examined with respect to the violation of the Act on the Control of Narcotics, etc. (mariju) by smoking, which is the lowest range of sentence.