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Defendants shall be punished by imprisonment for not less than two years and six months.
However, as to the Defendants for three years from the date of the final judgment of this case, the Defendants are above.
Reasons
Punishment of the crime
Defendant
B On July 21, 2016, the Seoul Central District Court sentenced two years of suspension of execution to ten months of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving).
Even if the Defendants were not the authorized person handling narcotics, the Defendants treated psychotropic drugs as JW-018 and 5F-UR-144 (referred to as XLR-11, hereinafter referred to as “ XSEL-11”) as follows.
1. The Defendants’ co-principal
A. On February 12, 2016, the Defendants transferred KRW 300,000 to the Korean bank account designated by F on February 12, 2016, and around 23:45 on the same day, the Defendants received approximately 4ml of CYEL-11 (exploita), which is the Defendant’s residence, G apartment in Jung-gu Seoul, Jung-gu, Seoul, 908 and 805, which is the Defendant’s residence, to Kwikset-1.
Accordingly, the Defendants conspired to purchase approximately KRW 300,000 from F for about 4ml.
B. The Defendants indicated in the indictment for joint use of EXE-11 as the date and time stated in paragraph (1) of Article 1, and at the same place, approximately 4ml of EXE-11, which they purchased as above, is contained in the facts charged in the indictment for joint use of EXE-11 by melting five tobacco in the form of flaz with a raz and flazing tobacco.
However, in light of the fact that Article 59(1)5 of the Act on the Control of Narcotics, Etc., which is the applicable provisions of the indictment, prescribes that a person who uses psychotropic drugs shall be punished, it is clear that this is
Therefore, among the facts charged below, “Smoking” is corrected as “use”.
2. Defendant A’s sole criminal conduct
A. On February 23, 2016, the Defendant transferred KRW 300,000 to the account of our bank designated by F on February 23, 2016, and around 22:57 of the same day, the Defendant received approximately KRW 4ml from the Kwikset-11, which was sent by F to the account of our bank, around 22:57.
Accordingly, the defendant is about 300,000 won, about 4ml from F.