2020 Highly 37 Narcotics Control Act, etc. (fence) and the control of narcotics, etc.

Violation of law (marijuana)

Hoh ○ Doz. 98. Life

Head of the Si/Gun/Gu of the residential Jeonju

Nationality Vietnam

He/she shall be sentenced to prosecution (prosecution) and Kim Jong-woo (Trial)

Law Firm*

Attorney Kim*

August 21, 2020

A defendant shall be punished by imprisonment for four years.

The seized X-si 3 (No. 222 of the Ulsan District Prosecutors' Office No. 202 of the year 2020), the presumption material for synthetic marijuana (including gale and vinyl weight) 263.87g (No. 75 of the pressure No. 75 of the Ulsan District Prosecutors' Office 2020), the presumption material for synthetic marijuana (including green and vinyl weight) 274.49g (including green and vinyl weight) and X-si 3 (No. 11 of the same evidence) shall be confiscated, respectively.

3,950,000 won shall be additionally collected from the defendant.

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

Criminal History Office

1. Violation of the Act on the Control of Narcotics, etc. concerning synthetic marijuana;

No person shall import, sell, or sell psychotropic drugs-related psychotropic drugs (JWH)-018 and their similar objects (hereinafter referred to as "synthetic ma"; hereinafter referred to as "synthetic ma").

(a) Import around November 26, 2019

The Defendant decided to import synthetic marijuana from Vietnam to the Republic of Korea through an international special grade mail (the name of the account) that he/she became aware of via the name-free supply book (the name of the account) that he/she became aware of in the face of the PP, and decided to import synthetic marijuana from Vietnam on November 25, 2019 to the Republic of Korea. On November 25, 2019, the Defendant: (a) stated the addressee in the enclosed box whose name-free statement was about 100gs of synthetic marijuana (the part of the evidence No. 75 of the pressure No. 75 of the Ulsan District Prosecutors' Office 2020) was sealed as the Defendant’s Meryd; and (b) entered the destination as the Defendant’s convenience store in front of the Defendant’s women-friendly Domsan, Jeollabuk-do; and (c) sent the place to Korea through an international special grade mail on November 26, 2019 to the Incheon International Airport Center in the Seo-gu Incheon International Airport.

(b) Import around December 6, 2019;

On December 5, 2019, the Defendant, at the time of Vietnam, imported marijuana into the Republic of Korea through international mail around December 10:58, 2019, with approximately 400 gs of gold synthetic hemp (part of subparagraph 8 of Article 75 of the Family Prosecutors' Office 2020, part of subparagraph 8 of Article 75 of the same Act, and subparagraph 9 of the same Article) attached to the boxes sealed with the same name and in which approximately 400 gs of gold (including the part of subparagraph 8 of Article 75 of the Ulsan District Prosecutors' Office 2020, and subparagraph 9 of the same Article) were recorded, and then sent the boxes to the Republic of Korea via international mail.

(c) Sale and purchase around December 17, 2019;

On December 17, 2019, the Defendant: (a) transferred KRW 1100,00 to the account designated by the Defendant from △△△△△△△△△△△, a resident of the Defendant’s female-friendly family located in Yasan-si, Daegu-si; and (b) sold its synthetic marijuana in a manner that delivers approximately 100g of synthetic marijuana using post office services to him/her.

2. Violation of the Act on the Control of Narcotics, etc. (flavoring) concerning X posters;

The defendant, who is not a person handling narcotics, is not a person handling narcotics, is not allowed to sell, administer, or possess Meenedichloroethylamama (MMA, 'x masters', hereinafter referred to as 'x masters').

(a) Sale and purchase around December 4, 2019;

피고인은 2019. 12. 4.경 익산시에 있는 편의점에서 성명불상의 엑스터시 구매자[잘로 메신저 계정명 '◆◆벡']로부터 10만 원을 받고 그에게 엑스터시 1정을 건네주는 방법으로 엑스터시를 매도하였다.

(b) Sale and purchase around December 16, 2019;

On December 16, 2019, the Defendant first sold the X-si by the method of receiving 200,000 won from the buyer of the X-si at the same place as the above paragraph (a) at the same time as the above paragraph (a), and then selling the X-si at the end.

(c) Sale and purchase around December 28, 2019;

On December 28, 2019, at around 17:50, the Defendant transferred 2.5 million won to the account designated by the △△△△△△△△△, as referred to in paragraph 1(c), from the Gasan bus terminal located in the Pasan-si, Pasan-si, and purchased 50 hours at the X-si (No. 75, No. 11, No. 2020, No. 75, No. 2020 of the Ulsan District Prosecutors’ Office) using high-speed bus baggages.

(d) Medication around December 30, 2019;

On December 30, 2019, the Defendant administered X-si in a way that the Defendant’s female-friendly home located in Yasan-si in Yasan-si uses the X-si in a way that the x posters turn one at the Yu-si.

(e) Possession on January 7, 2020

On January 7, 2020, at around 11:10, the Defendant possessed an X-ray in the same place as the above paragraph (d) of the above above in a way that he had one X-si and three angles (No. 2222 of the pressure of Ulsan District Prosecutors' Office, 2020) within the Defendant's wall A.

3. Violation of the Act on the Control of Narcotics, etc.;

The defendant is not a person handling narcotics, and thus shall not trade marijuana.

Nevertheless, around November 25, 2019, the Defendant: (a) transferred KRW 200,000 to the account designated by the Defendant from the purchaser of marijuana (the “BB draft” in the name of the Defendant’s account) residing in the Young-si, Suwon-si, Suwon-si; and (b) sold marijuana by means of delivering approximately 2g of marijuana using the Korea Communications System.

Summary of Evidence

(Omission)

Application of Statutes

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

Articles 58(1)3, subparagraph 5 of Article 3 (the main sentence) of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Narcotic Control Act"), Article 60(1)2, and Article 4(1)1 of the same Act (the transaction of X-the-mail, medication and possession, each choice of imprisonment), Article 59(1)7, and subparagraph 7 of Article 3 of the same Act (the main sentence)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes in Relation to Punishment of Narcotics, etc. (the Crimes of Violation of the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the Import of Synthetic Cannabis from December 6, 2019, which is the largest punishment, nature of the crime,

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [the basis for calculating a surcharge: 1,100,000 won for sale equivalent to the value of 100g of the synthetic hemp sold, 300,000 won for sale equivalent to the value of 3g of the sold X-si; 2,350,000 won for sale equivalent to the value of 47 g of the purchased X-si (including 1,000 won for medication); 2,350,000 won for sale equivalent to the value of 2g of the sold marijuana]

[3 out of the 50 X-si purchased by the defendant, EX-si was confiscated by the evidence No. 75 of the Ulsan District Prosecutors' Office 2020 pressure No. 75 of the Ulsan District Prosecutors' Office (the investigation record No. 518, 591 pages), and this court imposed confiscation on it. As such, the value equivalent to the above 3-day ratio from 2,50,000 won equivalent to the purchase price of the above 50 X-si shall not be collected additionally: Provided, That it shall be deemed that there is no prosecution for two X-si in which the defendant stated that he was granted free of charge.]

1. Order of provisional payment;

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

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

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

[Determination of Types] Narcotics Crimes 03. Import, Export, Manufacture, etc. [Type 3] Narcotic drugs, perfumea. Ga. Na. Na. Na.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(b) Second crime (Violation of the Act on the Control of Narcotics, etc.).

[Determination of Types] Narcotics Crimes: Import, Export, etc. (Type 3); Narcotics; Raya (b) and Na, etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, 4 years to 7 years, and 3 years. [Violation of the Act on the Control of Narcotics, etc.]

[Determination of Types] Narcotics Crimes: 02. Sales and good offices, etc. [Type 3] Narcotics, flapsya.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for four years to ten years (the upper limit of the first crime + the upper limit of the second crime + 1/2 + 1/3 of the upper limit of the third crime);

3. Determination of sentence: Four years of imprisonment;

The defendant should not repeat again while reflecting his or her mistake, and there is no record of punishment for the defendant, and the fact that the defendant has cooperated with the investigation is favorable to the defendant.

On the other hand, narcotics-related crimes are highly likely to cause serious adverse effects on the society as a whole, such as impairing the public health or inducing other crimes, without being harming an individual's body and mind, and thus, it is highly necessary to eradicate them. The narcotics handled by the defendant are large quantities. In particular, in that the defendant imported and distributed narcotics, etc., it is not good that the crime is committed, which is disadvantageous to the defendant.

In addition, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered by comprehensively taking into account all the sentencing factors revealed in the case records and arguments.

The presiding judge, judge, Dong-gu

Judges Nam-tae et al

Judges Han Young-young