2017Gohap409 Violation of the Act on the Control of Narcotics, etc. (marijuana)

1. A;

2. B

3. C.

4. D;

5. E.

6. F;

Kim Chang-seop (Lawsuit) and Kim Jong-m (Trial)

Attorney G (Defendant A)

Attorney H (Defendant B, C, D, E, and F)

June 22, 2017

1. Defendant A

Defendant shall be punished by imprisonment for a term of one year 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.

To order the accused to provide community service for 120 hours.

1,800,000 won shall be additionally collected from the defendant.

2. Defendant B

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

To order the defendant to provide community service for 80 hours.

A pipe (No. 3), pipe (a pipe No. 4), pipeline (a pipe No. 4), pipeline (a pipe No. 5), pipe (a pipe No. 6), pipe (a pipe No. 6), tobacco manufacturing machine (a pipe No. 7), pipe cleaning machine (certificate No. 8), tobacco paper (certificate No. 9), one (a pipe No. 9) shall be confiscated from the defendant.

963,000 won shall be additionally collected from the defendant.

3. Defendant C.

A defendant shall be punished by imprisonment for not less than eight months.

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

To order the defendant to provide community service for 80 hours.

125,700 won shall be additionally collected from the defendant.

4. Defendant D

A defendant shall be punished by imprisonment for not less than eight months.

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

To order the defendant to provide community service for 80 hours.

340,000 won shall be additionally collected from the defendant.

5. Defendant E

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 80 hours.

6,000 won shall be additionally collected from the defendant.

6. Defendant F

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to provide community service for 80 hours.

30,000 won shall be additionally collected from the defendant.

Punishment of the crime

【Criminal Power】

On January 10, 2017, Defendant F was sentenced to a suspended sentence of two years on the 10-month period due to a violation of the Act on the Control of Narcotics, etc. at Seoul Western District Court on January 10, 201, and the said judgment became final and conclusive on January 18, 2017.

【Criminal Facts】

No person shall trade or smoke marijuana, and no person other than a person handling narcotics shall receive or deliver marijuana.

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

1. Defendant A

(a) Purchasing marijuana;

On February 2, 2016, the Defendant: (a) paid KRW 400,00 to a person (i) who was unable to know his/her name known in the “JJ,” which is a mobile Meal on the roads near Gangnam-gu Seoul, Gangnam-gu; (b) purchased approximately 3g of marijuana from the said person; and (c) purchased approximately 6g of marijuana from that time until March 2016, as indicated in the list 1 of the crimes below.

List of Offenses 1

A person shall be appointed.

(b) Sale of marijuana;

On November 17, 2015, at around 23:00, the Defendant sold 6g of marijuana in total six times, as indicated in the list 2 below, by receiving KRW 150,000 from Defendant F and delivering 1g of marijuana. From that time, up to March 20, 2016, the Defendant sold 6gs of marijuana in total, as indicated in the list 2 of the crimes committed.

List of Offenses 2

A person shall be appointed.

(c) Acceptance of marijuana;

On November 2015, the Defendant received 4g of the total amount of marijuana over three occasions, as indicated in the list of crimes, from around March 21, 2016, from that time, by delivering 1g of marijuana to Defendant D, without compensation, on the road near the Seongbuk-gu Seoul Westerndong.

List of Offenses 3

A person shall be appointed.

(d) Smoking marijuana;

1) On February 2, 2016, the Defendant smoked marijuana in a way that smokes by attaching a tobacco paper to a tobacco paper, among marijuana purchased, as described in Article 1(1) of the crime sight table, at the Defendant’s residence located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

2) On March 2016, 2016, the Defendant smoked marijuana in a way that smokes by attaching the fluencies to tobacco paper, among marijuana purchased, as described in Article 1(2) of the above crime sight table, at the residence of the Defendant.

2. Defendant F

(a) Purchasing marijuana;

At around 23:00 on November 17, 2015, the Defendant paid KRW 150,000 to the Defendant A, received approximately 1g of marijuana from the Defendant, and purchased it from the Defendant A, from then on, up to November 2015, up to twice, as indicated in the list of crimes Nos. 4.

List of Offenses 4

A person shall be appointed.

(b) Smoking marijuana;

On November 18, 2015, the Defendant smoked from marijuana in a way that puts the fluence in the cans and fluences, among marijuana purchased, as described in paragraph (1) of the aforementioned list of crimes, at the residence of the Defendant in Yongsan-gu Seoul, Yongsan-gu, Seoul.

3. Defendant D

(a) Acceptance of marijuana;

On November 2015, the Defendant received 1g of marijuana from the Defendant A without compensation at the Seongbuk-gu Seoul Yungdong, Seongbuk-gu Seoul.

(b) Purchasing marijuana;

On January 2016, the Defendant paid KRW 120,00 to Defendant A, and purchased marijuana from Defendant A, and purchased approximately KRW 1g of marijuana from that time, from that time until February 2016, the Defendant purchased KRW 2g of marijuana in total on two occasions, as indicated in the crime sight table 5, from that time until February 2016.

List of Offenses 5

A person shall be appointed.

2. Smoking on February 2016

around November 2015, the Defendant smoked marijuana over three times in total, as indicated in the list of crimes, from around February 2016, by inserting the fluoral weight among marijuana received from the Defendant A, as described in the above paragraph (a), in the Defendant’s residence in Nam-gu Incheon P apartment 302.

List of Offenses 6

A person shall be appointed.

4. Defendant B

(a) Acceptance of marijuana;

On January 2016, the Defendant received approximately 1g of marijuana from Defendant A without compensation on the roads near Gangnam-gu Seoul, Gangnam-gu, Seoul, and accepted marijuana.

(b) Purchasing marijuana;

On July 2015, the Defendant purchased approximately 150,00,000 won for marijuana, which the said person purchased from around 1g, and on March 20, 2016, more than six times, as listed in the crime list 7, as follows, from around 2016, to a person who was unable to know the name known in the “J,” which is the daily convenience store near the U.S. child located in Gangnam-gu, Seoul, by settling him as a bitcoin.

List of Offenses 7

A person shall be appointed.

(c) Smoking marijuana;

On July 2015, the Defendant smoked marijuana on seven occasions in total, as described in the following list 8, from that time until March 20, 2016, in the residence of the Defendant, which was purchased, as described in Article 7(1) of the above list of crimes, by cutting off the fluence on the pipe, attaching the fluence, and flying off.

List of Offenses 8

A person shall be appointed.

A person shall be appointed.

5. Defendant C

(a) Purchasing marijuana;

On February 2, 2016, the Defendant paid USD 20 to a foreigner who could not know his name at a club in New York, the name of which is unknown, and purchased marijuana by receiving the cryp of hemp from the said person.

(b) Acceptance of marijuana;

1) On March 2016, 2016, the Defendant received marijuana money free of charge from foreigners who were unable to know their names in a club in which the trade name in New York is unknown, and received it.

2) On March 21, 2016, around 00:10, the Defendant received 2g of marijuana from Defendant A without compensation on the roads near Gangnam-gu Seoul, Gangnam-gu M, and received and delivered marijuana.

(c) Smoking marijuana;

On February 2, 2016, the Defendant smoked marijuana at the place indicated in the foregoing paragraph (a) in a total of three times, from that time until March 2016, by attaching a tobacco paper with a smoke to a smoke, as specified in Table 9, at the same time.

List of Offenses 9

A person shall be appointed.

6. Defendant E.

A. On January 2016, the Defendant smoked marijuana in a way that, at the Defendant’s residence in the Southern-gu P apartment 302, the Defendant: (a) smoked the marith of marijuana, having been possessed by the Defendant D, by attaching the marith to the marith of tobacco paper.

B. Around February 2016, the Defendant smoked the amount of hemp in the same way as the place indicated in the foregoing paragraph at the same time.

Summary of Evidence

1. Defendants’ legal statement

1. N’s protocol of interrogation of the police officer;

1. Each protocol of seizure, each list of seizure, on-site inspections, and photographs of seized articles;

1. Written appraisal of narcotics;

1. Each investigation report (a suspect's analysis of the contents of Q dialogue, analysis of the suspect's cell phone Q dialogue, analysis of the contents of A mobile phone conversations with B, C, and N, analysis of the currency content of A and D, analysis of the currency content of A and D, analysis of the currency content of A and F, analysis of the purchase price of marijuana of D, confirmation of the price of marijuana trade, and report on the calculation of additional collection charges); and

1. Previous convictions as indicated in the judgment: The references to criminal records, the results of inquiry into cases concerning F, and copies of the written judgments in Seoul Western District Court Decision No. 2016Da2446 and 3527;

Application of Statutes

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

A. Defendant A

Articles 59(1)7 and 3 subparag. 9 (the purchase and sale of marijuana) of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply); Articles 61(1)6 and 4(1)2 (the receipt and delivery of marijuana around November 2015; the receipt and delivery of marijuana; each choice of imprisonment with labor) of the former Narcotics Control Act; Articles 61(1)6 and 4(1)2 (the receipt of marijuana on March 21, 2016; imprisonment with labor); Articles 61(1)4 and 31(1)4 (a) and 3 of the former Narcotics Control Act (amended by Act No. 14019, Mar. 21, 2016; hereinafter the same shall apply); and Articles 61(1)4 and 10 (Selection of Imprisonment with Labor) of the Act on the Control of Narcotics, Etc.

B. Defendant B

Articles 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act, Articles 61(1)6 and 4(1)2 of the former Act on the Control of Narcotics, Etc. (the occupation of purchasing marijuana), Articles 61(1)4(a) and 3 subparag. 10 of the former Narcotics Control Act (the occupation of receiving marijuana, the choice of imprisonment), and Articles 61(1)4(a) and 3 subparag. 10 of the former Act on the Control of Narcotics, Etc. (the smoking of marijuana among July 2015, 205, the smoking of marijuana to the police officer among August 2015, 205, the smoking of marijuana to the police officer on the end of December 20, 2015, the smoking of marijuana to the police officer on the first time of January 6, 2016, the imprisonment with prison labor for each of them with prison labor), Articles 61(1)4 and 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc.

C. Defendant C

Articles 59(1)7 and 3 subparag. 9 of the former Act on the Control of Narcotics, Etc. (the point of purchase of marijuana), Articles 61(1)6 and 4(1)2 of the Act on the Control of Narcotics, Etc. (the point of receipt of marijuana and the choice of imprisonment), Articles 61(1)4(a) and 3 subparag. 10 of the former Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment) (the point of smoking marijuana and the choice of

D. Defendant D

Articles 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act (the point of purchase of marijuana), Articles 61(1)6 and 4(1)2 of the former Narcotics Control Act (the point of receipt of marijuana and the choice of imprisonment), Articles 61(1)4(a) and 3 subparag. 10 of the former Narcotics Control Act (the point of receipt of marijuana and the choice of imprisonment), Articles 61(1)4(a) and 3 subparag. 10 of the former Narcotics Control Act (the smoking of marijuana around November 2015, the point of smoking, the point of the smoking of marijuana around January 201, 206, each choice of imprisonment), Articles 61(1)4(a) and 3 subparag. 10 (the point of smoking marijuana around February 2016, the choice of imprisonment) of the Narcotics Control Act

E. Defendant E

Article 61(1)4 (a), Article 3 subparag. 10 (the occupation of smoking marijuana and the choice of imprisonment) of the former Act on the Control of Narcotics, Etc., Article 61(1)4 (a), Article 61(1)4 (a), and Article 3 subparag. 10 (the occupation of smoking marijuana around February 2016 and the choice of imprisonment) of the former Act on the Control of Narcotics, Etc.

F. Defendant F

Articles 59(1)7 and 3 subparag. 9 (the point of purchase of marijuana) of the former Narcotics Control Act, Article 61(1)4(a), and Article 3 subparag. 10 (the point of the smoking of marijuana and the choice of imprisonment) of the former Narcotics Control Act

1. Handling concurrent crimes;

Defendant F: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

A. Defendant A

The former part of Article 37, Articles 38(1)2, and 50 of the Criminal Act (the punishment, the nature of the crime, and the most severe punishment) (the penalty prescribed in the Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, Etc.) by selling marijuana on March 20, 2016)

B. Defendant B

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and Article 38(1)2 of the same Act, and Article 50 of the same Act, with the largest penalty on March 20, 2016, shall apply to concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc.

C. Defendant C.

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act due to the purchase of marijuana with the largest sentence of Article 37 (1) 2, and Article 50 of the Act on the Control of Narcotics, etc. (Aggravation

D. Defendant D

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act and Article 50 of the same Act shall be the largest penalty on February 2016, 2016.

E. Defendant E.

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the penalty heavier than that prescribed by the Act on the Control of Narcotics, etc. (the Crimes of Narcotic Drugs) around February 2016)

F. Defendant F

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act and Article 50 of the same Act shall be the largest penalty on November 2015, 2015.

1. Discretionary mitigation;

Defendant B, C, D, F: each of the Articles 53 and 55(1)3 of the Criminal Code (the following consideration of favorable circumstances among the reasons for sentencing):

1. Suspension of execution;

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

1. Probation and community service order;

Article 62-2 of the Criminal Code

1. Confiscation;

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

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

【Reasons for Calculation of Surcharge】

(a) Defendant A: 1,800,000 won;

○ Purchase of the 6g mariana of No. 1 in its holding: 800,000 won (=3g purchase price of KRW 400,000 x two times)

○ Sales at Port 1-b marijuana 6g of the holding: 800,000 won (=300,000 won sold to Defendant F + 240,000 won sold to Defendant D + 260,000 won sold to Defendant B) 4% of marijuana 1-C in the holding: 200,000 won [20,000 won per marijuana 1g

X 2. Cannabis 2gs delivered to, and received from, Defendant D and B, Defendant C and N are not subject to additional collection in duplicate because it is 2gs from among the marijuana purchased (crime Nos. 1 & 2) as shown in paragraph 1(a) of the judgment.

○ Smoking of the Rab 1’s holding: The smoking of the marib 1’s purchase of the marib 1’s holding is presumed to have been conducted in duplicate.

(b) Defendant B: 963,000 won

○ Receipt and delivery of 100,000 won (=100,000 won per marijuana trade price per 1g)

○ Purchasing 6gs of Port 4-B marijuana in its holding: 860,000 won (=(4g X purchase price purchased from a person whose name is not known) + (150,000 won purchased from the Defendant A) + (2g X purchase price purchased from the Defendant A)

○ Smoking of marijuana No. 4(c) of the decision: 3,00 won (=crime No. 8 No. b. 2) is smoking of marijuana received by the Defendant C as stated in Article 5-B(2) of the decision. As such, 3,000 won for smoking price of marijuana once, and 8-7 No. 1-7 of the list of crimes are smoking of marijuana received and purchased as stated in Article 4-A, Paragraph (b) of the decision, and thus no additional collection shall be made in duplicate.)

(c) Defendant C: 125,700 won;

○ Purchase of Cannabis No. 5 of the Decision: 22,700 won (=Application of the exchange rate of 1,135 won per USD 1,135,00 as the exchange rate at the time near US$ 20 at the time when the judgment is rendered, which is described in the investigation report (calculated report) as the exchange rate at the time when it is rendered

○ Delivery and Receipt of Na 5-b marijuana in the holding: 100,000 won (=the amount received from the defendant = 100,000 won per 1g X-X marijuana 1g, except for approximately 1g (No. 1g) that was confiscated and used in full for the appraisal, and the amount received from a foreigner whose name is unknown, cannot be specified in the quantity of marijuana, and thus the amount shall not be collected additionally).

○ Smoking of marijuana in Article 5(c) of the Decision: 3,000 won (=the collection of 3,000 won for smoking in the first time for smoking in the early on March 2016, and the remainder shall not be collected in duplicate, as it smokes marijuana purchased and received as provided in Article 5(a) and (b)(ii) of the Decision.)

(d) Defendant D: 340,000 won;

○ Receipt and delivery of 1g of an aviation marijuana No. 3 of the Decision: 100,000 won (=100,000 won for cancer trade per 1g of marijuana)

○ Purchase of Port 3-b Na 2gs: 240,000 won (=1g purchase price of KRW 120,000)

○ Smoking in Section 3(c) of the judgment: This part is not to be collected in duplicate as it smokes marijuana received and purchased as shown in Section 3(a), (b) of the judgment.

(e) Defendant E: 6,000 won;

○ once marijuana 1. 3,00 won in cancer trade price x 2 times

(f) Defendant F: 300,000 won;

○ Purchase of the 2g mariana of No. 2 of the Decision 2: 300,000 won (i.e., purchase price of KRW 150,000)

○ Smoking in Port 2(b) of the holding: Since the marijuana purchased as specified in paragraph 2(a) of the holding is smoking, it shall not be collected in duplicate separately.

Reasons for sentencing

1. Defendant A

(a) Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 45 years;

(b) Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than one year but not more than three years and not more than three months;

(1) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math-1 Crimes") due to the trade of marijuana.

【Scope of Recommendation】

Type 2 (mariju, native (b), and (c), etc.) of Basic Area (1 to 2 years), such as trade mediation, etc.

2) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 2 Crimes") by each hemp plant.

【Scope of Recommendation】

The basic area of medication, simple possession, etc.(ma)(8 months to one year and six months) under the category 2

3) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 3 Crimes") by smoking each marijuana.

【Scope of Recommendation】

Medication, Simple Possession, etc.

4) The result of the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year and not more than three years and three months. Determination of sentence: Imprisonment for one year and six months; the crimes related to narcotics, etc. with suspended execution for three years, are likely to harm the national health or cause another crime; are likely to cause another crime; they have a negative impact on the society as a whole due to their halluity, toxicity, etc.; and they need to strictly cope with the risk of recidivism; and the defendant, as a matter of fact, sells and delivers marijuana to the other defendants and causes the instant crime, is not good, and is disadvantageous to the defendant.

However, the fact that the defendant, not distributed marijuana in the market in a systematic and professional way, appears to have traded, received, or taken marijuana for the purpose of smoking with the people, and that the defendant has no criminal record related to narcotics, and that the defendant is in profoundly against his own behavior through the prison life, is favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

2. Defendant B

(a) Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than two years and not more than six months;

(b) Scope of recommending sentencing criteria applicable: Imprisonment with prison labor for not less than eight months but not more than two years and not more than nine months;

(1) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math-1 Crimes") due to the trade of marijuana.

【Scope of Recommendation】

Type 2 (mariju, native item (b), and (c), etc.) (8 months to one year and six months), reduction area, such as trade mediation, etc.

【Special Convicted Persons】

○ Reduction element: Purchasing for simple possession, etc. of medication.

2) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 2 Crimes") due to marijuana waterways.

【Scope of Recommendation】

Type 2 (ma) Simple possession, etc. of medication (ma) (8 months to 6 months).

3) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 3 Crimes") by smoking each marijuana.

【Scope of Recommendation】

Type 2 (ma) of medication, simple possession, etc. (8 months to 6 months) basic area (8 months to 8 months);

4) Results of the standards for handling multiple crimes: Imprisonment with prison labor for not less than 8 months and not more than 2 years and 9 months: The 10-month suspended sentence, the crimes related to narcotics, etc., which were 2 years suspended sentence, are detrimental to the national health or causing another crime, are likely to cause a serious negative impact on the society as a whole due to their halluity and toxicity, etc., and require strict countermeasures due to high risk of recidivism; the purchase by the defendant, the amount and frequency of the smoked marijuana; the purchase of psychotropic drugs; the number of psychotropic drugs; and the fact that the psychotropic drugs were sold on September 4, 2014, which was subject to the suspension of indictment on the condition of completion of education, are disadvantageous to the defendant.

However, the fact that the defendant purchases and accepts marijuana for the purpose of simple smoking, that the defendant has no record of criminal punishment, that the defendant cooperates with the investigative agency from the early stage of the investigation, and that the defendant reflects his behavior in depth is favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

3. Defendant C

(a) Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than two years and not more than six months;

(b) Scope of recommending sentencing criteria applicable: Imprisonment with prison labor for not less than eight months but not more than two years and not more than nine months;

1) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math-1 crime") due to the sale of marijuana

【Scope of Recommendation】

Type 2 (mariju, native (b) and (c) of the Act on Assistance in Trade, Etc.)

【Special Convicted Persons】

○ Reduction element: Purchasing for medication, simple possession, etc.

2) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 2 Crimes") by each hemp plant.

【Scope of Recommendation】

Simple possession, etc. of medication : Basic area (8 months to 6 months)

3) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 3 Crimes") by smoking each marijuana.

【Scope of Recommendation】

Type 2 of Simple Possession, etc. of Medication (ma) (8 months to 6 months).

4) The result of the standards for handling multiple crimes: Imprisonment with prison labor for not less than 8 months and not more than 2 years and 9 months; the decision of sentence is 8 months; imprisonment with prison labor for a crime related to narcotics for a period of 2 years under suspension of execution, which harms the national health or causes another crime; and is likely to cause a serious negative impact on the society as a whole due to their halluity and toxicity; it is necessary to strictly cope with the risk of recidivism; the defendant purchased and smoked psychotropic drugs; and the defendant again committed the instant narcotics crime even though he/she was subject to the suspension of indictment on condition of completion of education on September 4, 2014.

However, the fact that the defendant purchases and accepts marijuana for the purpose of simple smoking, the defendant has no record of criminal punishment, the defendant sells and provides information on the recipient of marijuana from the early stage of the investigation to the investigation agency, and the defendant's deep reflects his/her behavior is favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

4. Defendant D

(a) Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than two years and not more than six months;

(b) Scope of recommending sentencing criteria applicable: Imprisonment with prison labor for not less than eight months but not more than two years and not more than nine months;

(1) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math-1 Crimes") due to the trade of marijuana.

【Scope of Recommendation】

Type 2 (mariju, native b., c., etc.) and reduction area (8 months to one year and six months), such as trade mediation, etc.

【Special Convicted Persons】

○ Reduction element: Purchasing for medication, simple possession, etc.

2) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 2 Crimes") due to marijuana waterways.

【Scope of Recommendation】

The basic area of medication, simple possession, etc.(ma)(8 months to one year and six months) under the category 2

3) Crimes of violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "math 3 Crimes") by smoking each marijuana.

【Scope of Recommendation】

Medication, Simple Possession, etc.

4) Results of the standards for handling multiple crimes: Imprisonment with prison labor for not less than 8 months and not more than 2 years and 9 months. Determination of sentence: Imprisonment for 8 months and suspension of execution for two years, crimes related to narcotics, etc., which harm the national health or cause another crime, are likely to cause another crime, have a significant negative impact on the society as a whole due to their halluity and toxicity, and require strict countermeasures due to high risk of recidivism, and are disadvantageous to the defendant E who has resided together with the defendant E to smoke marijuana.

However, the fact that the defendant purchases, accepts marijuana for the purpose of simple smoking, that the defendant does not have any criminal record related to narcotics, and that the defendant reflects his/her behavior in depth is favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

5. Defendant E

(a) Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than seven years and not more than six months;

(b) Scope of recommending punishment according to the application of the sentencing criteria: Imprisonment with prison labor for not less than eight months but not more than one year and six months;

【Scope of Recommendation】

Type 2 (ma) Simple possession, etc. of medication (ma) (8 months to 6 months).

C. Determination of sentence: 6 months of imprisonment with prison labor, 1 year suspension of execution is likely to harm the national health or cause another crime, and the negative impact on the society as a whole due to halluity and toxicity, etc., and the risk of repeating a crime is also high, which is disadvantageous to the defendant.

However, unlike the fact that Defendant D, who was living together by the Defendant, seems to have smokeed of marijuana in the face of the defense, and that the Defendant did not have any prior criminal records related to narcotics, the Defendant only smokeed by simple marijuana, and that the Defendant’s behavior is in profoundly against the Defendant’s own behavior is favorable to the Defendant.

In addition, the sentencing factors, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined by getting out of the sentencing criteria and the sentence as ordered.

6. Defendant F

(a) Scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than two years and not more than six months;

B. Non-application of the sentencing criteria: Each of the crimes in the judgment on Defendant F shall not be subject to the sentencing criteria as the latter concurrent crimes of Article 37 of the Criminal Act with the violation of the Act on the Control of Narcotics, etc. (marijuana) and the latter concurrent crimes of Article 37 of the Criminal Act, which

C. Determination of sentence: 6 months of imprisonment with prison labor, 1 year suspension of execution is likely to harm the national health or cause another crime, and the negative impact on the society as a whole due to halluity and toxicity, etc., and the risk of repeating a crime is also high, which is disadvantageous to the defendant.

However, the fact that the defendant purchased marijuana for the purpose of simple smoking, that the defendant reflects his behavior in depth, and that the balance between the case and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act should be considered together with the case of concurrent crimes is favorable to the defendant.

Other factors of sentencing, such as the age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as per the order, comprehensively taking into account.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong