2014Gohap316 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Maximum personal standing, Kim Yong-type (public trial)

Attorney B (Korean National Assembly)

May 9, 2014

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 became final and conclusive.

Seized expenses-22 0.62(gram Nos. 1), skin-22 0.69g(Evidence No. 2), skin-22 0.67g(Evidence No. 3), skin-20.68g(Evidence No. 4), skin-20.62(Evidence No. 5) shall be confiscated, respectively.

400,000 won shall be additionally collected from the defendant.

Criminal facts

Despite the fact that the Defendant is not a handler of narcotics, the Defendant treated QUPIC (PB-22) and synthetic marijuana containing ingredients of 50-PB-22 (hereinafter referred to as “synthesis”) designated as a psychotropic drug (MDMA, referred to as “EXT”) and temporary psychotropic drug as follows:

1. X-type medication;

On September 2013, 2013, the Defendant, at the ‘C' club in Manman Man-Ban, put it into the 2nd of the X-si, which was delivered by the person in an unrefluened name, and administered it together with beer.

2. Purchasing synthetic marijuana;

On September 2013, the Defendant received approximately 60,000 g of synthetic marijuana from the Defendant, “F” in Yongsan-gu Seoul, as the price for trading synthetic marijuana, and purchased approximately 60,000 g of synthetic marijuana.

3. Sale of synthetic marijuana;

On October 2, 2013, the Defendant: (a) on the street in front of the Jongno-gu Seoul Metropolitan Government 'H' Ma; (b) on the street, as purchased to I, one synthetic marijuana tobacco manufactured using approximately 0.5g of the synthetic marijuana purchased to I, as described in the foregoing paragraph (2), and sold it after receiving 60,000 won thereof as the purchase price.

4. Possession for the purpose of trade of synthetic marijuana;

On October 16, 2013, the Defendant kept and possessed them in the Defendant’s bank for the purpose of trading approximately approximately 6.7ggg of synthetic marijuana in the front of the Jongno-gu Seoul Metropolitan Government 'J' Manael.

5. Use of synthetic marijuana;

(a) the use of synthetic marijuana on October 4, 2013;

At around 00:30 on October 4, 2013, the Defendant: (a) deducted the tobacco smoke from 'KMel located in Jongno-gu Seoul Metropolitan Government G; (b) put the tobacco smoke into 0.5g on behalf of 0.5g of synthetic marijuana purchased as described in the foregoing paragraph (2) and used a mashius by attaching a fire.

(b) the use of synthetic marijuana on October 14, 2013;

around 01:00 on October 14, 2013, the Defendant, at the home of the Defendant located in Gangdong-gu Seoul Metropolitan Government L, deducted tobacco tobacco tobacco, and then put them in substitution for approximately 0.5g of synthetic marijuana purchased as described in the foregoing paragraph 2, and used a mashius by attaching a fire.

(c) the use of synthetic marijuana on October 15, 2013;

On October 15, 2013, the Defendant: (a) deducted the tobacco tobacco’s tobacco’s tobacco’s beginning in Jongno-gu Seoul, Jongno-gu, Seoul; (b) put the smoke generated by attaching approximately 0.5g of synthetic marijuana purchased as indicated in the foregoing paragraph (2) in lieu of 0.5g, and used the smoke generated by attaching the fire to his name (hereinafter “M”); and (c) put the smoke in a mash, along with his name (hereinafter “M”).

Accordingly, the defendant used synthetic marijuana in collusion with the person who was not injured in his name.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to N or I;

1. Each investigation report, report on seizure, response to requests for appraisal, designation and public announcement of temporary narcotics;

Application of Statutes

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

Articles 58(1)3, 5-2(5), 3 subparag. 5, and 2 subparag. 3(a) of the Narcotics Control Act (the purchase, sale, and possession of synthetic marijuana for the purpose of trade, the choice of limited imprisonment), Articles 59(1)5, 5-2(5), 3 subparag. 5, and subparagraph 3(a) of Article 2 of the Act on the Control of Narcotics, Etc. (the use of synthetic marijuana on October 4, 2013, and October 14, 2013), Articles 59(1)5, 59-2(5), 3 subparag. 5, and 2 subparag. 3(a), Article 30 of the Criminal Act (the use of synthetic marijuana on October 15, 2013), Article 60(1)2, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Article 2 subparag. 13(b) of the Act on the Control of Narcotics, Etc.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and the concurrent crimes resulting from the sale of synthetic marijuana, the largest criminal situation of which are prescribed by the Act on the Control of Narcotics, etc. (in the case of concurrent crimes)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The consideration of favorable circumstances deemed to be the following reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Conditions Considered in the Reasons for Sentencing below)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Act on the Control of Narcotics, Etc.

Reasons for sentencing

1. The scope of punishment;

Imprisonment for not less than two years and six months but not more than twenty-two years and six months;

2. Scope of the recommended sentencing criteria; and

(a) A crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase, sale, or possession for the purpose of sale of synthetic marijuana;

[Determination of Type] Narcotics Crime Group, Sales Mediation, etc., Type 3 (Narcotic Drugs, Psychotropic Drugs, etc.)

【Special Convicted Person】

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment with prison labor for not less than four years but not more than seven years

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (psychotropicity) by using each synthetic marijuana;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment with prison labor for not less than one year but not more than three years

(c) Crimes of violating the Act on the Control of Narcotics, etc. (flavoring) due to medication of X-how;

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

【Special Convicted Person】

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment with labor for not less than 10 months but not more than 2 years

(d) Scope of recommendations based on standards for handling multiple crimes;

(2) Imprisonment with prison labor for not less than four years but not more than 12 months);

3. Determination of sentence;

In this case, the Defendant’s trading and use of synthetic marijuana designated as temporary psychotropic drugs or possessed for the purpose of sale and purchase, and administered an X-guer for psychotropic drugs, and considering that the crime related to narcotics is highly harmful to the society as a whole, it is necessary to strictly punish the Defendant.

However, under the circumstances favorable to the defendant, the fact that the defendant is the first offender without any previous conviction, and all of the crimes of this case are recognized, and reflects his mistake in depth, and that it is hard to say that it will not repeat such crimes again in the future, the punishment shall be determined as ordered by the order, by comprehensively taking into account all the factors of sentencing specified in the trial process of this case, such as the defendant's age, occupation, family relationship, health condition, living environment, motive and circumstance leading to the crime.

It is so decided as per Disposition for the above reasons.

Freeboard of the presiding judge;

Judges Park Il-young

Judges Kim Gin-han

1. Grounds for the calculation of the amount additionally collected: 1.60,000 won for X-si 20,000 won for X-si 20,000 won administered by the defendant + 60,000 won for synthetic marijuana sold by the defendant 0.5g 3 times + 1.5g for synthetic marijuana 1.5g used by the defendant for three times;

2) Since it falls under more than three multiple crimes that are not treated as one of the crimes on the sentencing guidelines, the upper limit of the recommended punishment based on the standards for the management of multiple crimes is 12 years and 12 years and 3 years and 1/2 of the upper limit of the recommended punishment for the violation of the Act on the Control of Narcotics, etc. (fence), due to the purchase of synthetic marijuana, in 7 years, which is the upper limit of the recommended punishment for the violation of the Act on the Control of Narcotics, etc. (fence), due to the purchase of synthetic marijuana, and the possession of synthetic marijuana for the purpose of trading.