(영문) 서울중앙지방법원 2019.2.13. 선고 2018고합806 판결

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

A pipe of any confiscated hemp (No. 3) shall be confiscated from Defendant B.

jointly collected 483,00 won from the Defendants, 6,680,000 won from the Defendant A, and 372,000 won from the Defendant B, respectively.

To order the Defendants to make the provisional payment of the amount equivalent to the above additional charges.

Of the facts charged against Defendant A, the violation of the Act on the Control of Narcotics, etc. (fence) due to the use of each lsD is acquitted.

The summary of the acquittal part in this judgment shall be publicly notified.

Reasons

Criminal 1)

Despite the fact that the Defendants were not the authorized person handling narcotics, the Defendants treated ls, MMA, Kenyas, and marijuana as follows:

1. The Defendants’ co-principal

A. At around 00:45, Feb. 27, 2018, Defendant A sent 480,000 won to D’s E account (F) from the gold-dong gold-dong gold-dong, Namyang-si, Namyang-si, and Defendant B sent 3g of marijuana received from Seoul, Gangnam-gu and H to Defendant A, and then sent 3g of marijuana to Defendant A via the “one-time call belt”. Defendant A received approximately 3g of marijuana from the above D and delivered it to C. Defendant A after delivery of approximately 3g of marijuana.

Accordingly, the Defendants jointly mediated the trade of marijuana between D and C.

(b) Smoking marijuana;

around 15:00 on March 13, 2018, the Defendants smoked marijuana by inserting approximately 0.3g of marijuana to tobacco pipes in the vicinity of Gangnam-gu Seoul, Seoul, by attaching a racker with a smoke, and by spreading it.

2. Defendant A

(a) Purchasing ls;

1) Defendant A purchased lsD 10,000 won in cash from Gangnam-gu Seoul Metropolitan Government G and H from February 20, 2018 to February 20:00, Defendant A purchased lsD 10,000 won in cash.

2) On March 9, 2018, Defendant A purchased ls 21 from D on the alley side of the “KSA” in Gangnam-gu Seoul J around the new wall, and around 04:45 on the same day, Defendant A purchased ls 1,890,000 won from the E account in the name of the Defendant’s mother-friendly L (M) to the E account in the name of ls 1,890,000 won as ls purchase price.

(b) Purchase and medication of Kenyas;

1) On March 11, 2018, Defendant A purchased approximately KRW 1.6g of C in cash from D on the alleyway adjacent to the said K club around the new wall.

2) On March 11, 2018, at around 01:30, Defendant A administered Kenya in collaboration with C in a way that “A” in Gangnam-gu Seoul N put approximately 0.03g of the Kenya in the toilets of “galls” with C in his hand, etc., and inhales them into the c.

1) At around 22:00 on March 10, 2018, Defendant A purchased MMA in collaboration with “R” by inserting one cash in the way of “MaMA 100,000,000, in the way of posting one hundred and forty (1400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

2) On March 10, 2018, from around 23:50 to March 12:00, Defendant A administered five times in a way that he saw five of the MMA purchased at the above “0 club” at intervals of two to thirty minutes, at intervals of two to thirty minutes.

3) On June 10, 2018, Defendant A purchased MMA 4,000 won in cash from a toilet in Songpa-gu Seoul, Songpa-gu, Seoul for a cash of 600,000 won.

4) On June 10, 2018, between 20:00 and 21:00, Defendant A received MaMA3 conditions without compensation from U within the said VIP ZNE.

5) At around 21:00 on June 10, 2018, Defendant A administered mMA 1 with water in the above VIP ZNE.

(6) At around 01:00 on June 31, 2018, Defendant A received the MMA 1.5 (hereinafter “MMA 1.5”) from C on the 1st floor in Gangnam-gu Seoul, Seoul.

7) On July 11, 2018, Defendant A administered at around 21:00, Defendant A, at the residence of the Defendant of Gangnam-gu Seoul Metropolitan Government X and Y, by means of drinking in water.

(d) Purchase or smoking of marijuana;

1) On January 21, 2018, Defendant A purchased at KRW 1,50,000 in cash the large drug 1g from D from the alleyway adjacent to the Gangnam-gu Seoul Metropolitan Government Z at around 21:0.

2) On February 22, 2018, Defendant A purchased 1g of the large drug from D in cash at the alleyway adjacent to the Gangnam-gu Seoul Metropolitan Government Z at around 22:00.

3) On February 22, 2018, Defendant A purchased at KRW 320,00,000 in cash 2g of large drugs from D on the alleyway adjacent to the Gangnam-gu Seoul Metropolitan Government Z.

4) On March 2018, Defendant A purchased approximately KRW 1.60,000 in cash from the said I AA to D around 23:30,000.

5) At around 01:48 on July 21, 2018, Defendant A received approximately 2g of marijuana from AD before the AC Gangnam-dong Branch in Gangnam-gu Seoul Metropolitan Government.

6) On July 23, 2018, at around 07:00, Defendant A smoked marijuana jointly with AE by inserting it into the pipe of tobacco manufactured by a stuffing place (ordinaryly 0.3~0.5g), attaching a smoke with a fire, and spreading it.

3. Defendant B

A. around July 2017, Defendant B received 0.3g of the large-scale narcotics from D free of charge at the mutual influent restaurant in Gangnam-gu Seoul.

B. At around 13:00 on July 2017, Defendant B smoked by inserting approximately 0.3g of marijuana from No. H of Gangseo-gu Seoul Metropolitan Government AF building into tobacco pipe and attaching a fire to the smoke.

C. On January 26, 2018, Defendant B purchased approximately KRW 3,60,000 in cash from D at the domicile of Gangnam-gu Seoul and the Defendant of H, Gangnam-gu, and the Defendant of H. purchase approximately KRW 3,00,000 in cash.

D. Defendant B smoked three times from January 27, 2018 to January 31, 201, in the same manner as the foregoing paragraph (b), about 0.3-0.5g of marijuana at the dwelling of the above Defendant.

E. From the beginning of February 2018 to the beginning of February 11, 2018, Defendant B smoked three times in the same manner as the above B, approximately 0.3-0.5g of marijuana in the dwelling area of the above Defendant.

F. At around 20:00 on February 22, 2018, Defendant B received approximately 0.3g of marijuana from D without compensation at the above Defendant’s residence.

G. At around 09:00 on February 23, 2018, Defendant B smoked approximately 0.3g of marijuana in the above Defendant’s residence in the same manner as Paragraph (b).

H. At around 20:00 on March 10, 2018, Defendant B received approximately 0.3g of marijuana from the said I AA through D without compensation.

I. At around 13:00 on March 11, 2018, Defendant B smoked approximately 0.3g of marijuana in the above I AA in the same manner as the above B.

(j) around 23:00 on July 23, 2018, Defendant B removed the tobacco smoke from the sale of the existing tobacco at the 'AH’ club located on the first floor of Busan Shipping Daegu AG, and received, without compensation, approximately 0.3g of the hemp tobacco for marijuana.

around 23:00 on July 25, 2018, Defendant B, after the building of the AI in Busan, posted the said mari tobacco to one to one to one to one to the above marith in the park, and smoked the hemp by driving the smoke.

Summary of Evidence

【Criminal facts stated in Paragraph 1-A of this Article】

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of witness B and D;

1. Investigation report (Evidence Nos. 26,64, 133);

1. Details of replies (Evidence Nos. 65);

1. D and hosting photographs (Evidence Nos. 29,31);

1. Monthly trend of narcotics;

【Criminal facts described in paragraph 1-b)】

1. Defendants’ respective legal statements

1. Legal statement of the witness B;

1. Protocols of seizure (Evidence Nos. 2) and list of seizure (Evidence No. 3);

1. A report on investigation (Evidence Nos. 35, 37, 44, 131, 133);

1. A narcotics appraisal statement (the sequence 36,38,45, 132 of the evidence list);

1. ACCUSIGN testing and certification (Evidence Nos. 7, 15);

1. Monthly trend of narcotics;

【Criminal facts described in Paragraph 2-A at the Time of Sales】

1. The defendant A's partial statement

1. Partial statement of witness D;

1. Investigative report (Evidence Nos. 26, 64, 112, 133, 145);

1. Seoul Central District Court 2018 High Court Decision 331, 392 (Consolidated) Decision (Evidence Nos. 115, 147), Seoul High Court Decision 2018No1883 (Evidence No. 148), Inspection of Integrated Cases (Evidence No. 146);

1. Details of replies (Evidence Nos. 65);

1. D and hosting photographs (Evidence Nos. 31);

1. Monthly trend of narcotics;

【Criminal facts described in Article 2-2 (b) at the Time of Sales】

1. Defendant A’s legal statement

1. Partial statement of witness D;

1. Records of seizure (Evidence Nos. 66), list of seizure (Evidence Nos. 67), photographic materials of seized articles (Evidence Nos. 70);

1. Investigation report (the sequence 35, 103, 112, 133 of the evidence list);

1. A narcotics appraisal statement (the sequence 36,104 of evidence list);

1. D and hosting photographs (Evidence Nos. 31);

1. Monthly trend of narcotics;

【Criminal facts listed in paragraphs (2)(c), (2), (5) through (7) of the Trademark Act】

1. Defendant A’s legal statement

1. Investigative report (Evidence Nos. 27, 44, 105, 131, 133);

1. A narcotics appraisal statement (the sequence 45, 132 of the evidence list);

1. ACCUSIGN inspection and certification (Evidence Nos. 73);

1. Monthly trend of narcotics;

【Criminal facts described in paragraphs (2)(c)(3) and (4) at the time of sale】

1. The defendant A's partial statement

1. A report on investigation (the No. 105, 108 of the evidence list);

1. Mobile phone photographs, etc. (Evidence Nos. 101), A mobile phone photographs (Evidence Nos. 109);

1. Monthly trend of narcotics;

【Criminal facts listed in paragraphs (d) (i) through (iv) of Article 2-2 at the Time of Sales】

1. The defendant A's partial statement

1. Partial statement of witness D;

1. A report on investigation (the No. 112, 133 of the evidence list);

1. Monthly trend of narcotics;

【Criminal facts listed in paragraphs 2-d. 5 and 6 at the Time of Sales】

1. Defendant A’s legal statement

1. Records of seizure (Evidence Nos. 66), list of seizure (Evidence Nos. 67), photographic materials of seized articles (Evidence Nos. 70);

1. Investigation report (Evidence Nos. 97, 103, 105, 131, 133);

1. A narcotics appraisal statement (a list of evidence Nos. 98, 104, 132);

1. ACCUSIGN inspection and certification (Evidence Nos. 73);

1. Monthly trend of narcotics;

【Criminal facts listed in paragraph (3) at the Time of Sales】

1. Defendant B’s legal statement

1. Partial statement of witness D;

1. Protocols of seizure (Evidence Nos. 14), list of seizure (Evidence Nos. 15);

1. ACCUSIGN testing and certification (Evidence Nos. 7,89);

1. Investigation report (the sequence 37, 112, 120, 133 of the evidence list);

1. A narcotics appraisal statement (the sequence 38, 121, 122 of the evidence list);

1. Monthly trend of narcotics;

Application of Statutes

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

Defendant A: Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act; Article 30 of the Criminal Act; Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act; Article 30 of the Criminal Act; Article 58(1)3 and Article 3 subparag. 5 of the Act on the Control of Narcotics, Etc.; Article 2 subparag. 3 (a) of the Act on the Control of Narcotics, Etc.; Article 60(1)2 and Article 4(1)1 of the Act on the Control of Narcotics, Etc.; Article 60(1)2 and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc.; Article 60(1)2 and Article 4(1)1 and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act; Article 58(1)3 and Article 3 subparag. 5 of the Act on the Control of Narcotics, etc.; Article 30(1) of the Act on the Management of Narcotics 7)

Defendant B: Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61(1)6 and Article 4(1)2 of the Act on the Control of Narcotics, Etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc., Article 61(1)7 of the Act on the Control of Narcotics, Etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc., Article 59(1)7 and Article 3 subparag. 7 of the Act on the Control of Narcotics, Etc. (a) of the

1. Aggravation for concurrent crimes;

Defendant A: The punishment provided for in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, which are the largest punishment, is concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (fence) due to the purchase of ls from March 9, 2018)

Defendant B: A concurrent offender with the punishment prescribed in the Act on the Control of Narcotics, etc. (marijuana) due to the commission of trade in marijuana with the largest number of offenses and Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Defendant A: Articles 53 and 55(1)3 of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Suspension of execution;

Defendant B: Article 62(1) of the Criminal Act (General Considerations favorable to the reasons for sentencing below)

1. Confiscation;

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

* The evidence submitted by the prosecutor alone is insufficient to recognize that the digital information related to the opphone X's criminal facts (Evidence No. 8), 14 vinyl 100 (Evidence No. 10), and opphone7 Plus's criminal facts (Evidence No. 14) are narcotics, temporary narcotics, facilities, equipment, funds, or means of transport provided for each crime, and proceeds therefrom, and it shall not be confiscated unless there is any other evidence to acknowledge this otherwise.

1. Additional collection:

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

【Calculation of Additional Charges】

A. Defendants (joint)

○ Sales amount related to a crime of arranging the trade of marijuana: 480,000 won

○ The value of marijuana related to the crime of joint smoking in marijuana: 3,000 won

Total ○: 483,000 won

B. Defendant A

○ Purchase Price related to lsD purchase: 2,890,000 won (=1,000,000 + 1,890,000 won)

○ Purchase Price related to the crime of purchasing Kenya: 660,000 won

Purchase price related to the crime of MMA purchase: 2,000,000 won (=1,400,000 won + 600,000 won)

O MMA-related MMA value: 150,000 won

○ Purchase Price related to the crime of buying marijuana: 780,000 won = 150,000 + 150,000 won + 320,000 won + 160,000 won)

○ Cannabis value related to the crime of giving and receiving marijuana: 200,000 won

Total ○: 6,680,000 won

C. Defendant B

○ The value of marijuana related to the crime of giving and receiving marijuana: 12,000 won = 3,000 won + 3,000 won + 3,000 won + 3,000 won + 3,002)

○ Purchase Price related to a crime of buying marijuana: 360,000 won

Total ○: 372,00 won

1. Order of provisional payment;

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

Judgment on Defendant A and his defense counsel’s assertion

1. Summary of the assertion

A. Since the arrest of Defendant A in flagrant offender on March 13, 2018 is illegal, evidence (Evidence Nos. 14 through 19, 27, 29, 35, 44, 45) collected in an illegally arrested state is inadmissible.

B. Defendant A merely lent a mobile phone to C in the process of purchasing marijuana from D, and there was no direct contact with D as stated in the crime No. 1-A of the crime in the judgment, or remitted the hemp purchase price to D.

C. Defendant A did not purchase ls from D as stated in the facts constituting the crime No. 2-A, 1, and 2 of the judgment.

D. Defendant A did not purchase MDMA 4 terms as stated in the facts of the crime as stated in Article 2-3(3) of the Criminal Act or did not have any free of charge for MD 3 terms as stated in Article 2-3(4) of the Criminal Act.

E. Although Defendant A received marijuana as stated in Article 2-4(d)(1) through (4) of the Criminal Act, Defendant A received money from D, it does not receive money and received money free of charge.

2. Determination

A. Determination as to the assertion that the evidence collected after the illegal arrest of a flagrant offender is inadmissible

1) Relevant legal principles

According to Article 212 of the Criminal Procedure Act, any person may arrest a flagrant offender without a warrant. In order to arrest a flagrant offender, the necessity of arrest, i.e., the necessity of escape or destruction of evidence, in addition to the punishment of the act, the current nature and time contact of the crime, and the apparentness of the crime.

However, the issue of whether the requirements for the arrest of flagrant offenders are met shall be determined based on the situation at the time of the arrest, and the judgment of the investigative body on this issue shall have considerable discretion, and even considering the situation at the time of the arrest as the situation at the time of the arrest, the arrest of flagrant offenders shall not be deemed unlawful unless the judgment of the investigative body on the requirements is considerably unreasonable in light

(See Supreme Court Decision 2012Do8184 Decided November 29, 2012, etc.)

The legality of the arrest of flagrant offenders shall be objectively determined based on the specific situation at the time of arrest, and it shall not be determined based on whether it is recognized as an ex post facto offender (see Supreme Court Decision 2011Do4763, Aug. 23, 2013).

2) Specific determination

Based on the above legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① a police officer’s emergency arrest of D in possession and sale of marijuana around 19:05 on March 13, 2018; ② a police officer moved to the above IAA according to D’s statement that he stored narcotics, such as marijuana, Gangnam-gu Seoul. ② a police officer opened the door of the above IA and entered into the door. ③ At that time, the Defendant B was seated with the container, and the Defendant A was faced with a sofab in a sofa, which is next to the container. ④ The Defendants also seem to have no obstacle to the view of the Defendants regarding the above hemp, ④ the police officer’s questioning about the hemp who was placed on the container, and the police officer’s act cannot be seen as unlawful arrest of the Defendants in light of the empirical rule.

Therefore, this part of the assertion that Defendant A’s arrest of a flagrant offender on March 13, 2018 against Defendant A was illegal is rejected.

B. Determination as to the assertion related to Section 1-A (Good Offices for Sale and Purchase of Cannabis) of the criminal facts indicated in the judgment

(3) Defendant B, upon receipt of the aforementioned request from the police investigation agency, made a statement to the effect that 3g of marijuana was sent to Defendant A through Defendant B’s request, and that Defendant B sent 3g of marijuana to Defendant A (Evidence No. 279, No. 280). On February 26, 2018, Defendant D was asked to receive and deliver marijuana from Defendant B’s prosecutorial investigation agency, and approximately 3g of it was sent to Defendant D’s own house to Defendant B’s account No. 4, and that it was not sent to Defendant B’s account No. 97, No. 1, and that it was difficult for Defendant D to receive and send it to Defendant B’s account No. 97, No. 1, and that it was sent to Defendant B’s account No. 97, No. 1, 2018 (Evidence No. 1, No. 2584, May 27, 2018).

C. Determination as to the assertion on the crime No. 2-A (1) and (2) (2) (each ls purchase) in the judgment

The following circumstances acknowledged by the evidence duly adopted and investigated by this court are: ① At the investigative agency and this court stated to the effect that “D has engaged in lsD transactions with Defendant A”; ② at the investigation agency and this court stated to the effect that Defendant A was convicted of the crime of selling lsD as stated in Article 2-A (1) and (2) of the criminal facts as indicated in the judgment; (2) the judgment became final and conclusive (at the same time, the number of pages 1034 to 104, the number of evidence 145 to 148, the number of pages 145 and the number of evidence 148), and there is no particular circumstance to reverse it; ② the Defendant sent A J message purchased ls 21 from 23:57 on March 8, 2018 to 23:35, the Defendant’s right to purchase ls 290,000 won per page 1,000,000 won per page 481 of the evidence transfer statement (the above part of evidence).

D. Determination as to the assertion regarding the crime No. 2-c. 3 and 4 (MMA purchase and delivery) of the judgment

이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정 즉, ① 피고인 A은 검찰 조사에서 '2018. 6. 10. 저녁 무렵 T에서 U을 만났는데, U이 자신에게 나중에 돈을 준다고 하면서 엑스터시(MDMA)를 사오라고 하였고, 이에 60만 원을 주고 MDMA 4정을 사왔으며 4정 중 3정을 U에게 건네주고, 1정은 자신이 투약하였다.'는 취지로 이 부분 공소사실을 인정하는 진술을 한 점(증거기록 2권 1147쪽, 1148쪽), ② 2018. 6. 11. 피고인 A의 휴대전화 메모장에는 'U 유엡 4개 캔디 받을 돈 20만 원 부주'라는 내용이 작성되었고(증거기록 1권 750쪽, 751쪽, 2권 840쪽, 841쪽), 피고인 A은 같은 날 U에게 캔(MDMA) 4개와 부주 명목으로 80만 원을 이체해달라는 내용의 AJ 메시지를 보낸 점(증거기록 1권 764쪽, 765쪽, 2권 905쪽) 등을 종합하여 보면, 피고인 A이 판시 범죄사실 제2의 다. 3)항 및 4)항 기재와 같이 MDMA 4정을 매수하고, U에게 MDMA 3정을 교부한 사실을 충분히 인정할 수 있으므로, 이 부분 주장도 받아들이지 아니한다.

E. Determination on the assertion concerning the purchase of marijuana as indicated in the facts constituting the crime No. 2-d. 1 through 4 (each marijuana purchase)

In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the court: 1D has been engaged in marijuana transactions with the defendant in the investigative agency and this court. Although 1-2 times were offered to the defendant A without compensation, it was not possible to reduce the amount of money without compensation due to the defendant's offering of and purchase of money; 2) there are some unclear statements concerning the date, time, place, frequency, etc. of selling marijuana to the defendant A among D's statements. However, considering that D's sale of marijuana, such as marijuana, X posters, Kenya, and ls, it is difficult to view that D's statement constitutes a circumstance to the extent of undermining the credibility of D's statement, 3) as stated in the defendant A's criminal facts, such as 2-4 (d) through (4) as stated in the judgment against the defendant A, and thus, it cannot be accepted as evidence 14 to 14 (1) through (4) as stated in the judgment below.

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Scope of recommendations based on the sentencing criteria;

1) Violation of the Act on the Control of Narcotics, etc. (franking) due to the purchase of each ls;

[Determination of Type] Trade, Mediation, etc. of Narcotics Crimes in Type 3 (Narcotic Drugs, Doz. A.)

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment for 4 years to 7 years;

2) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by arranging the trade of marijuana.

[Determination of Types] Trade Mediation, etc. for Narcotics Crimes in Types 2 (mariju, fab.(b) and (c).)

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment with prison labor for one year to two years

3) Violation of the Act on the Control of Narcotics, etc. (flavoring) due to the administration of Kenya and each MDMA medication.

[Determination of Types 3] Simple possession, etc. of Medications for Narcotics Crimes (Rayb items (b) and (c))

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment of 10 months to 2 years;

4) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) due to smoking in marijuana.

[Determination of Type] 2 Medication, Simple Possession, etc. (ma) (ma) of mariju, math (ma, etc.)

[Special Convicts]

[Scope of Recommendation] Basic Area: Imprisonment of up to one year and six months;

5) Crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of Kenya, each MDMA purchase, and waterway.

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

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Reduction Area: Imprisonment of eight months to one year and six months;

6) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by the purchase of marijuana.

[Determination of Types 2] Types 2, such as assistance in the trade of narcotics crimes, etc. (mariju, items (b) and (c) of this Article

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Reduction Area: Imprisonment of eight months to one year and six months;

7) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by marijuana waterways.

[Determination of Types 1] Types 1 (Hic substances, flag (d), etc.) such as arranging the trade of narcotics crimes

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Reduction Area: Imprisonment of one month to eight months;

8) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to 11 February.

C. Determination of sentence: the punishment of imprisonment with prison labor for three years is not only to avoid the body and mind of an individual, but also to cause another crime due to harm to the public health, toxicity, and sacrifation, etc.; the degree of harm and injury to society is not good in light of the types and quantities of narcotics handled by the defendant; and the methods and frequency of the crimes in this case are committed during the suspension of execution; thus, there is a high possibility of criticism against the defendant; however, the defendant does not seem to be seriously against the defendant by denying the principal crime; the defendant has no record of punishment for the same crime; the treatment intent for narcotics addiction is partly shown; the defendant's age, character and conduct, environment, family relationship, motive for the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments in this case shall be determined as ordered.

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment for one year to 45 years; and

(b) Scope of recommendations based on the sentencing criteria;

1) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by arranging the trade of marijuana

[Determination of Types] Trade Mediation, etc. for Narcotics Crimes in Types 2 (mariju, fab.(b) and (c), etc.)

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment with prison labor for one year to two years

2) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) by the purchase of marijuana.

[Determination of Types] Trade Mediation, etc. for Narcotics Crimes in Types 2 (mariju, fab.(b) and (c), etc.)

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Reduction Area: Imprisonment of eight months to one year and six months;

3) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) due to smoking in marijuana.

[Determination of Kind] Simple Possession, etc. of Medication (mariju, Do administration, item (d) and (e), etc.) of 2 types

【Special Convicted Person】

[Scope of Recommendation] Basic Area: Imprisonment of up to one year and six months;

4) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) by respective marijuana waterways.

[Determination of Types 1] Types 1, such as arranging the trade of narcotics crimes, etc. (Hic substances, flaz., d., etc.)

[Special Mitigation] Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Reduction Area: Imprisonment of one month to eight months;

5) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one year to three years;

Each of the crimes of this case committed by the defendant is to arrange for the trade of marijuana, and to purchase, receive, or smoke marijuana as seen earlier, the liability for the crime is not minor in light of the social harm and danger of the narcotics crime, the frequency and period of the crime, etc., the defendant recognized his mistake and is in profoundly against his depth, and there is no record of punishment for the same crime, and other various sentencing conditions specified in the records and arguments, including the defendant's age, character and conduct, environment, family relationship, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors:

The acquittal portion

1. Summary of the facts charged

A. At around 01:30 on February 2, 2018, Defendant A used the club “AH” located in Gangnam-gu Seoul Metropolitan Government AK by melting lsD 1 in the form of melting.

B. On March 9, 2018, Defendant A used lsD 1 as a food method by attaching lsD 1 to ls around Mapo-gu Seoul, Seoul.

2. Determination

Defendant A denies a criminal act from the prosecution to the court of this part of the charges that did not use ls as stated in each of the facts charged. Thus, the first of all, each protocol of examination of the suspect (Evidence Nos. 30, 34) and written statements (Evidence Nos. 32) prepared by the police against Defendant A by the police is denied by Defendant A, and thus, it is not admissible as evidence.

Then, on August 14, 2018, the following facts are revealed to have been 3.0 : 180 mix A. 180 mix A. 18 mix 18 mix 18 mix 20: mix 8 mix 20: mix 4 to 7.5 mix mix 8 mix 2018 mix 8 mix 8 mix 2; 2. mix mix 8 mix mix 8 mix 1 to 3mix mix 10 mix 2; 3mix mix 2 to mix 8 mix 1 to mix 8 mix 9 mix mix 2 to mix 30 mix mix 1 to mix 8 mix mix 1 to mix 3mix mix mix 2.

3. Conclusion

Thus, since this part of the facts charged against Defendant A constitutes a case where there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment of innocence is publicly announced pursuant to Article 58

Judges

The senior judge of the presiding judge;

Judge Lee Sang-hoon

Judges Park Il-young

Note tin

1) To the extent that the facts charged by the prosecutor did not disadvantage the Defendants’ exercise of their right to defense, part of the indictment was corrected or revised according to the facts obtained through the examination of evidence.

2) Although Article 61(1)6 of the Act on the Control of Narcotics, Etc. is omitted in the applicable provisions of the indictment against Defendant A, it is readily recognizable that the said provision was omitted in the facts charged. Since this part of the charges is recognized without changing the indictment, it does not seem that the correction would result in a substantial disadvantage to Defendant A’s exercise of his right to defense, it shall be corrected ex officio.

3) Although Articles 61(1)6 and 4(1)2 of the Act on the Control of Narcotics, Etc. are omitted in the applicable provisions of the indictment against Defendant B, the facts constituting the facts charged are easily recognizable, and since Defendant B recognized this part of the facts charged without changing the indictment, it is not deemed that Defendant B’s exercise of the right of defense would be seriously disadvantaged even if correction is made without changing the indictment, and thus, ex officio correction is made ex officio.

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