2018Mohap981, 1167(combined) Act on the Control of Narcotics, etc. (psychotropic affairs), narcotics

Violation of the Visa Control Act (marijuana)

1. A;

2. B

book purification (prosecutions) and Kim Goods (Trial)

Law Firm Jeong & Yang Partnership (Defendant A)

[Judgment of the court below]

Attorney Cho Young-ok, Justice Kim Don (Defendant A)

Law Firm Drie (for Defendant B)

[Defendant-Appellant]

January 9, 2019

Defendant A shall be punished by imprisonment for one year, and imprisonment for one year and six months, respectively.

However, with respect to Defendant A, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant A shall be put on probation and shall be ordered to take a 40-hour pharmacologic treatment course.

60,000 won from Defendant A and 1,450,000 won from Defendant B shall be collected respectively.

To order the Defendants to pay an amount equivalent to the above additional charges.

Criminal facts

[2018Gohap981]

Despite the fact that the Defendants were not the authorized person handling narcotics, the Defendants handled the psychotropic drugs-related clocks (one philophone, hereinafter referred to as the "philophones") and marijuana as follows:

1. Defendants

A. On November 1, 2017, around 18:00, the Defendants smoked marijuana in such a way as to put the marithic quantity into the pipes of Aluminium, to collect the smoke generated by attaching the marithic with the raz, and to spread and inhale it.

Accordingly, the Defendants conspired to smoke marijuana.

B. On January 9, 2018, at around 18:00, the Defendants put about approximately 0.03 gopon into two for a single-use injection machine, dilution with water, and administered coponon into the part of the Defendants, respectively.

Accordingly, the Defendants conspired to administer philophones.

2. Defendant A

A. On November 1, 2017, around 18:00, the Defendant: (a) 200,000 won from the mutual influories located in Jongno-gu Seoul Metropolitan Government for the purchase price for marijuana from B; and (b) sold to B the fluoral fluor of marijuana, which was contained in vinyl fluora, to B.

B. Around January 9, 2018, the Defendant purchased 400,000 won from a cafeteria located in Jongno-gu Seoul, Jongno-gu, Seoul, as a purchase price for phiphones to B, and from B, the Defendant purchased philophones non-fluoring volume contained in vinyl B.

C. On January 20, 2018, the Defendant: (a) inserted 0.03g of philopon into a single-use telephone at the cross-faceted telephone in Jongno-gu Seoul, Jongno-gu, Seoul; (b) dilution with water; and (c) administered philopon in a way of injecting it into the Defendant’s arms bloodline.

D. At around 15:00 on January 25, 2018, the Defendant received approximately 0.12g of marijuana contained in vinyl C in vinyl C, to B.

3. Defendant B

A. On November 1, 2017, around 18:00, the Defendant purchased 200,000 won, as the purchase price for marijuana, from the mutual influence in Jongno-gu Seoul, to A, and purchased 200,000 won, which was contained in vinyl A’s plastic bags.

B. On January 9, 2018, the Defendant: (a) around January 9, 2018, at a cafeteria located in Jongno-gu Seoul Metropolitanro 3-ro, 400,000 won in the name of the purchase price for phiphones from A; and (b) sold A with the volume of phiphones which are contained in vinyl crophones.

C. At around 15:00 on January 25, 2018, the Defendant received approximately 0.12g of marijuana contained in vinyl C in vinyl C from A.

[2018Gohap1167]

(d) Purchasing philophones;

On December 2, 2017, the Defendant: (a) decided to purchase phiphones from the sale of phiphones that he came to know through the Internet hosting website; (b) transferred KRW 7,50,000 to the non-deposited account designated by the said phiphone sales; and (c) around that time, the Defendant purchased phiphones in the way of "weak-gu, Songpa-gu, Seoul where the house in the vicinity of the said sales store was known that phiphones were sold, and then purchased phiphones in the way of "weak-gu, Songpa-gu, Seoul."

(e) Receipt and administration of philophones;

On December 2, 2017, the Defendant: (a) taken 0.03gh from F that he came to know through the Internet hosting site at the home page Dongdaemun-gu Seoul Embur; (b) taken about 0.03g of phiphonephones in F to take over F and phiphones; (c) had F take about 0.03g of phiphones that the Defendant was in possession; (d) had F take about 0.03g of phiphones that he was in possession; and (e) dilutiond with water by having the Defendant take about 0.03g of phiphones that he was in possession, and administered phiphones by means of having the Defendant take them into the bloodline of the Defendant’s arms.

(f) Smoking marijuana;

On the day following the date stated in the above paragraph, the Defendant smoked marijuana by inserting the pipes made of Aluminum aluminium heading in the new wall light around the new wall light, and inserting the f with a fire, thereby inhaleing the smoke with F.

(g) Possession of marijuana;

On January 25, 2018, around 16:15, the Defendant kept approximately 0.12ggs of marijuana contained in vinyl Gel H in the Defendant’s shop busper, and carried marijuana.

Summary of Evidence

[2018Gohap981]

1. Defendants’ respective legal statements

1. Investigation report (Attachment to States and results of hydrophy appraisal on the side of a suspect), investigation report (Attachment to States and results of hydrophy appraisal on the hair of a suspect), investigation report (as to evidence relation with the fact of philophone medication on January 9, 2018 of a suspect), and investigation report (as to evidence relation with philophone medication);

[2018Gohap1167]

1. Defendant B’s legal statement

1. Records of seizure (including submission of reports), marijuana, and the list of seizures;

1. Investigation report (in cases where a report is filed with a country against a suspect's hair and attaching the results of appraisal);

1. - Copy of the judgment of Seoul Central District Court No. 2018 Godan736;

1. Seized articles and on-site photographs;

Application of Statutes

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

A. Defendant A

Articles 61(1)4(a) and 3 subparag. 10(a) of the former Narcotics Control Act (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), Article 30 of the Criminal Act (amended by Act No. 15481, Mar. 13, 2018); Article 61(1)4(a) and Article 30 of the Criminal Act; Article 60(1)2 and Article 4(1)1, and Article 2 subparag. 3(b) of the former Narcotics Control Act; Article 30 of the Criminal Act (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply); Article 60(1)2 and Article 4(1) of the former Narcotics Control Act (amended by Act No. 15481; hereinafter the same shall apply); Article 61(1)6 and 4(1)2 of the former Act on the Control of Narcotics, Etc.

B. Defendant B

Articles 61(1)4(a) and 3 subparag. 10(a) of the former Narcotics Control Act, Article 30 of the Criminal Act, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the former Narcotics Control Act, Article 30 of the Criminal Act, Article 59(1)7 and Article 3 subparag. 7 of the former Narcotics Control Act, Article 60(1)2 and Article 60(1)4 of the former Narcotics Control Act, Article 60(1)6 and Article 4(1)2 of the former Narcotics Control Act, Article 61(1)2 of the former Narcotics Control Act, Article 61(1)2 of the former Narcotics Control Act, Article 61(1)2 of the former Narcotics Control Act, Article 4(1)2 of the former Narcotics Control Act, Article 60(1)2 of the former Narcotics Control Act, Article 61(1)2 of the former Act, Article 61(1)6 and Article 4(1)3(1) of the former Narcotics Control Act (a) of the Act.

1. Aggravation for concurrent crimes;

A. Defendant A

Article 37 (Aggravation of Concurrent Punishment on Narcotics, etc. (Aggravated Punishment on Narcotic Drugs) due to Sale of marijuana with the largest punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

B. Defendant B

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Act on the Control of Narcotics, etc., due to Purchase of Dualk Cannabis)

1. Suspension of execution;

Defendant A: Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Orders for probation and education;

Defendant A: Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act for Defendants

A. Defendant A

600,000 won (=200,000 won for the sale of marijuana 200,000 won in the early November 2017) + 400,000 won for the purchase of penphones on January 9, 2018)

B. Defendant B

1. 1450,00 won (=200,000 won for the purchase of marijuana) + 7.50,000 won for the purchase of Handphones to a police officer on December 2, 2017 + KRW 100,000 for the receipt of Handphones to a police officer on December 9, 2017 + KRW 400,000 for the sales of Handphones to a police officer on January 9, 2018)

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law;

Defendants: 1 year to 45 years of imprisonment

2. Scope of the recommended sentencing criteria; and

A. Defendant A

1. Class 1 crime: A crime of violation of the Act on the Control of Narcotics, etc. ( marijuana) by selling marijuana;

[Determination of Types] Trade good offices, etc.

【Special Convicted Person】

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

2. Crimes Nos. 2 and 3: Crimes of violating the Act on the Control of Narcotics, etc. (fence) due to the administration of phiphones;

[Determination of Type] 3 Medications, simple possessions, etc. (Rayb items (b) and (c))

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

3) Scope of final recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for one year to three years;

B. Defendant B

1. Crimes 1 and 2: Crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale and waterway of phiphones;

[Determination of Types] Trade good offices, etc.

[A person under special jurisdiction] The same criminal record (a person under suspended execution for not more than three years)

[Scope of Recommendation] Imprisonment of 1 year and 6 months to 4 years (Aggravation)

2. Third crime: A crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the administration of phiphones;

[Determination of Types 3] Simple possession, etc. of medication

[A person under special jurisdiction] The same criminal record (a person under suspended execution for not more than three years)

[Scope of Recommendation] One year to Three years (Aggravated Field)

3) Scope of final recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for one year and six months to seven years;

3. Determination of sentence;

A. Defendant A

In the case of narcotics-related crimes, it is not easy to detect them due to their characteristics, and there is a significant negative impact on society as a whole on the risk of recidivism, as well as on recidivism and toxicity. The defendant sold or delivered marijuana to the defendant B, which spreads the harm of narcotics-related crimes by selling or delivering marijuana, and in addition, even if he purchased and administered phiphonephones, he denied some of the crimes before a documentary evidence is presented at the prosecution stage.

However, the defendant acknowledges all of the crimes of this case at the latest, and repents his mistake, and it is the first offender who had no record of criminal punishment prior to the instant case. The parents to support the defendant have to be supported.

The punishment as ordered shall be determined by taking into consideration the following circumstances: the defendant's age, character and conduct, environment, and circumstances before and after the crime and all the sentencing conditions shown in the trial process.

B. Defendant B

All of the crimes of this case are recognized from the investigation stage to the court, and are contrary to the recognition of all of the crimes of this case. There are some circumstances that may be taken into account the circumstances leading to the Defendant’s crimes related to narcotics. This is the circumstances favorable to the Defendant.

However, the crime related to narcotics is not easy to detect due to its characteristics, and the risk of recidivism is high, and it has a significant negative impact on the society as a whole due to the cryptability, toxicity, etc., and the defendant merely administered the crypphone or purchased and smoke marijuana, and further spreads the harm of the crime of narcotics, etc. even if considering the favorable circumstances of the defendant, it is necessary to strictly punish the defendant even though considering the above circumstances favorable to the defendant. In particular, the defendant was sentenced to imprisonment with prison labor for the crime of violation of the Act on the Control of Narcotics, etc. on September 25, 2015, and the judgment became final and conclusive on December 25, 2015, and each of the crimes of this case was committed during the suspension period of the execution or one month after the suspension period has elapsed.

The punishment as ordered shall be determined by taking into consideration the following circumstances: the defendant's age, character and conduct, environment, and circumstances before and after the crime and all the sentencing conditions shown in the trial process.

The presiding judge, the Gimology judge

Judges Kim Gin-young

Judges, Senior Jins

1) On November 2017, including the smoking part of marijuana, which is included in the early police officer.

2) Each part included in the administration of philophones, dated January 9, 2018, 2018, 1,2018

3) The portion of the crime of violation of the Act on the Control of Narcotics, etc. (marijuth) that was smoked in collaboration with Fman on December 2, 2017 is included in