2018Gohap952 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

book purification (prosecutions, public trials), and public trials held in the second place.

Attorney Park Han-soo

February 20, 2019

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 6 (Pipe with verification) shall be forfeited from the accused.

6,800,000 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 facts

1. Sale of marijuana;

No one is allowed to sell marijuana, but the Defendant sold it to B as follows:

A. On March 3, 2018, the Defendant: (a) at the vicinity of D Station in Gangnam-gu Seoul, about 28g of marijuana to B; and (b) 800,000 won, as the purchase price for marijuana, was collected from B.

Accordingly, the defendant sold approximately 28 grams to B for about 80,000 won.

B. On April 2018, the Defendant received approximately 168 grams from B in the vehicle operated by B in the vicinity of the D Station located in Gangnam-gu Seoul, Seoul, for the purchase price for marijuana, 6 million won in the name of the purchase price for marijuana from B in the vehicle operated by B.

Accordingly, the defendant sold approximately 168 grams to B for about 6 million won.

2. Smoking marijuana;

A person is prohibited from smoking marijuana, however, at around 10:0 on September 13, 2018, the Defendant smoked marijuana in a manner of gathering marijuana in pipes from Gangnam-gu Seoul, the Defendant’s residence, Gangnam-gu, Seoul, and F, the Defendant’s dwelling, by inserting the math of marijuana in pipes and attaching the math to the ageer.

3. Possession of marijuana;

At around 11:10 on September 13, 2018, a person who is not a person handling narcotics is not a person handling narcotics, and the defendant, even though he is not a person handling narcotics, he kept approximately 0.71g of marijuana in the color physical disease above the dwelling space of the above defendant, and stored approximately 0.26g of marijuana in the toilet for the instant purpose.

Accordingly, the defendant possessed approximately 0.97 grams for marijuana.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and B;

1. Each prosecutor's protocol of examination of the accused;

1. Each protocol of seizure and the list of seizure;

1. - The photograph of seized articles, - the field photograph of the seizure site, appraisal report, narcotics appraisal report, - the narcotics appraisal report, pipe, narcotics appraisal report, and each written decision.

Application of Statutes

1. Article 59 (1) 7, Article 3 subparagraph 7 of the Narcotics Control Act (the point of trade of marijuana), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of trade of marijuana and the choice of imprisonment), and Articles 61 (1) 6 and 4 (1) 2 (the point of trade of marijuana and the choice of imprisonment) of the Narcotics Control Act;

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, Article 50 of the Criminal Act, and Article 1-2 (b) of the Act on the Control of Narcotics, Etc. (marijuana) concerning the sale of marijuana, and Article 38 (1) 2, Article 50 of the Criminal Act.

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

【Grounds for Calculation of Additional Collection Amount】

○ Decision 1-A, b. Sale of marijuana: Total amount of KRW 6,800,000 (= 800,000 + 6,000,000)

○ Paragraph 2 of the judgment: The amount of marijuana smoked by the defendant cannot be specified, and thus, it shall not be collected additionally.

○ In the possession of marijuana in Paragraph 3 of the Decision: The possession of marijuana 0.97g, after its seizure, shall not be collected separately as it was consumed by an appraisal.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under law: One to forty-five years of imprisonment;

2. Application of the sentencing criteria;

○ Crimes of Violation of the Act on the Control of Narcotics, etc. ( marijuana) by each trade in marijuana.

[Determination of Types] Type 2, such as assistance in the trade of narcotics (mariju, item (b) and (c), etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 1 to 2 years

○ Crimes of Violation of the Act on the Control of Narcotics, etc. (mariana) by smoking or carrying marijuana

[Determination of Types] 2 types (ma), such as marijuana, flavokings, item (d) and (e), etc.) of medication

【Special Convicted Person】

[Recommendation and Recommendation Scope] Basic Field, Imprisonment from August to June

* The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for one year to three years;

3. Determination of sentence;

Considering that each of the instant crimes was sold, smoked and possessed by the Defendant, and that it is difficult to detect narcotics crimes due to their characteristics, and that the risk of recidivism is high, as well as negative impact on the society as a whole due to the cryptability, toxicity, etc., the liability for the instant crime is not easy. Notwithstanding the fact that the Defendant was sentenced to a two-year suspended sentence of imprisonment for the same crime, even though he was sentenced to a four-year suspended sentence of imprisonment for the same crime, the Defendant has committed another crime during the suspended sentence period, and submitted a fake defense during the investigation process.

However, the defendant's act of smoking and possession of marijuana shall be considered as a favorable condition for the defendant's act of smoking and possession of marijuana, and the punishment shall be determined like the order, taking into consideration the defendant's age, character and conduct, environment, motive for committing the crime, circumstances before and after committing the crime, etc., all of the sentencing conditions specified in the arguments in this case, the scope of sentencing guidelines, and the jury's opinion on

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence;

○ Each paragraph (Sale of Cannabis): Six jurors

Innocence: One juror.

○ Decision 2 and 3 (Smoking and possession of marijuana): An opinion of conviction of all the jurors.

2. Opinions on sentencing

○ Imprisonment with prison labor for two years and six months: Four jurors;

○ Three years of imprisonment: Two jurors.

○ 2 years of imprisonment: At least one juror is judged as above through a participatory trial under the Act on Citizen Participation in Criminal Trials for at least one of the jurors.

The presiding judge, judges, and the Yellow Constitution

Judges Kim Gin-soo

Judges Kim Gin-young