2017 Highis13, 2017 Highis297(Joints)

Violation of the Act on the Control of Narcotics, etc. (flavoring) and the Narcotics Control Act (mariju)

A

A new race box, Kim Chang-seop (prosecution), Park Jong-seop (Public trial)

Law Firm B

C. Attorney C.

August 11, 2017

Defendant shall be punished by imprisonment for a term of one year 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.

To order the defendant to be put on probation, to provide community service for 300 hours and to take a course of pharmacologic treatment for 120 hours.

3,503,00 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Of the facts charged in the instant case, the violation of the Act on the Control of Narcotics, etc. (franchising) shall be acquitted.

Criminal History Office

"2017 Highly 133"

Although the Defendant is not a person handling narcotics, the Defendant treated the psychotropic drugs-related Megatopists (one philophone, hereinafter referred to as "philophones") and marijuana as follows:

1. Sale and purchase of phiphones on January 30, 2017;

At around 22:00 on January 30, 2017, the Defendant purchased approximately KRW 1g 1g of philopon from F in the alleyway adjacent to E building located in Seocho-gu Seoul Metropolitan Government.

2. Meon medication on February 1, 2017.

A. At around 06:00 on February 1, 2017, the Defendant stored approximately 0.03g of philophonephones in Gangnam-gu Seoul Metropolitan Government H B103, which were 0.5g in a single-use injection instrument, dilutiond with two raw water, and injected them into the arms of both the Defendant and the Defendant, respectively.

Accordingly, the Defendant administered philophones jointly with the Defendant.

B. At around 19:20 on February 1, 2017, the Defendant injected approximately 0.03gh of philopon into a single-use injection machine, dilution with biocom, and then injected into one’s arms.

3. Smoking marijuana;

On February 1, 2017, around 06:0, the Defendant: (a) placed approximately 0.2g of marijuana, which was in possession of No. 2 HB103, in pipes made of Aluminum aluminium; (b) attached a buin with a buin, and smoked in a way of spreading it with I.

Accordingly, the defendant smoked marijuana jointly with the defendant.

4. Possession of philophones.

On February 1, 2017, the Defendant: (a) around 19:35, at H 2-A (H 305), kept one injection machine containing approximately 0.31 gopon; (b) one injection machine containing approximately 0.02 goponon; and (c) one injection machine containing liquid dilution containing approximately 0.17 koponon with a sopononononon; and (d) one injection machine containing liquid 0.16 kopon with a doponon with a soponon on a half of the said guest room.

"2017 Gohap297"

5. Sale and purchase of phiphones on October 28, 2016;

On October 28, 2016, the Defendant remitted each of the L’s national bank accounts (Account Number M) in the name of 50,000 won and 700,000 won in the name of N) to the account of the national bank (Account Number M) used by the person who has not been killed in the name at a place in the name of the name of the Defendant around October 28, 2016, and around 18:20 Seoul Gangnam-gu P2 of the same day, the Defendant carried out approximately 2 g of the philopon, which is a part of the person who

Accordingly, even if the defendant is not a narcotics handler, he traded phiphones.

6. Sale of Handphones on November 5, 2016;

On November 5, 2016, the Defendant transferred KRW 70,000 to the national bank account in the name of Q3 in the above L name as stated in paragraph (5) at an irregular place on November 5, 2016, and around 13:21 on the same day, the Defendant carried approximately 1g a penphone, which is hidden in the mail by the above winners of the name in paragraph (5) at Gangnam-gu Seoul, Gangnam-gu.

Accordingly, even if the defendant is not a narcotics handler, he traded phiphones.

7. Meon medication on November 11, 201;

On November 11, 2016, at around 19:00 on November 11, 2016, the Defendant drank in VMos located in U, Gwangjin-gu, Seoul by dividing the volume of the influence (one life W; hereinafter referred to as "W") and the volume of the influence into drinking water.

Accordingly, the Defendant, in collusion with W, administered philophones even though he is not a narcotics handler.

8. Sale and purchase of Handphones on November 11, 201

On November 11, 2016, at around 19:25, the Defendant transferred KRW 700,000 to the national bank account in the above L’s name as stated in paragraph (5) at a non-place, and thereafter, around 19:40 on the same day, the Defendant carried approximately 1g of a phiphonephone, which was hidden in the mail by the above-mentioned names in paragraph (5) at Gangnam-gu Seoul Y.

Accordingly, even if the defendant is not a narcotics handler, he traded phiphones.

9. Sale and purchase of phiphones on November 14, 2016;

On November 14, 2016, at around 12:46, the Defendant remitted KRW 3.50,000 to one bank account (A) in the name of the Z used by the winners of the name in the name of the Z, and around 12:50 on the same day, the Defendant got approximately KRW 0.5g of the philopon, which is hidden in the mail by the winners of the name in the name in the name in the name of the Z.

Accordingly, even if the defendant is not a narcotics handler, he traded phiphones.

10. Meon medication on November 15, 2016;

The Defendant, around November 15, 2016, around 19:00, at the Vel as stated in paragraph (3) of this Article, dump dump dump was dumped by dividing the volume of W and philopon into beer. Accordingly, the Defendant, in collusion with W, dump was administered even when he is not a narcotics

11. Sale and purchase of Handphones on November 20, 2016

On November 20, 2016, at around 20:21, the Defendant transferred KRW 3.50,000 to the national bank account in the above L's name as stated in paragraph (5) at a non-permanent place, and around 20:49 on the same day, the Defendant carried approximately 0.5g of the penphone, which is hidden in the mail by the person who was unable to receive the above name specified in paragraph (5) at the Jung-gu Seoul Metropolitan Government AE.

Accordingly, even if the defendant is not a narcotics handler, he traded phiphones.

12. Meon medication on November 22, 2016;

At around 02:00 on November 22, 2016, the Defendant put approximately 0.5g of philopon into a single-use injection machine from AF rain or toilet located in Seodaemun-gu Seoul Metropolitan Government, dilution it with artificial snow, and injected into the Defendant’s arms.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

13. Attempts to trade Handphones on November 22, 2016

On November 22, 2016, at around 18:37, the Defendant transferred KRW 3.50,000 to the National Bank account in the name of AG in the above L’s name. On the same day, the Defendant was arrested upon the police officer at around 19:00, while searching for approximately 0.5g of philophones concealed in the mail in the above name in Seoul, Jung-gu, Seoul.

Thus, although the defendant tried to trade philophones even though he is not a narcotics handler, he did not bring about such intention and did not commit an attempted crime.

Summary of Evidence

[2017Gohap13]

1. Defendant's legal statement;

1. A copy of each police interrogation protocol against I and F;

1. Records of seizure, list of seizure, and photographs of articles seized by each police;

1. ACCUSIGN inspection contractor and certification;

1. A statement of narcotics appraisal [the table for appraisal request (2017-H-1713), the table for appraisal request (2017-H-1733), and the additional table for appraisal request (2017-H-1733)];

[2017Gohap297]

1. Defendant's legal statement;

1. Records of police seizure and list of seizure;

1. Investigation report (which shall be accompanied by the unsatising details divided by sellers) - Attached J Megical photographs;

1. Written appraisal of narcotics;

Application of Statutes

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

Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) [Article 60(1)2, Article 4(1)3, and Article 2 subparag. 3(b) of the Narcotics Control Act [the trading of philophonephones, the sole medication (Article 2-2(b) and (12) of the Act on the Control of Narcotics, etc.], each of the imprisonment with prison labor], Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, etc., Article 30 of the Criminal Act (Article 2-2(a), (7), and (10) 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 30(3), Article 60(1)2 of the Act on the Control of Narcotics, etc., Article 4(1)3(b) of the Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the penalty, the nature of the crime, and the circumstances of the crime)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation and order to provide community service or attend lectures;

Article 62-2 (1) of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Basis for calculating a surcharge] Additional charge: 3,503,00 won (=1 + 2 + 4)

(1) Two times the administration of phiphonephones as indicated in paragraph (2) of the judgment: 200,000 won (=100,000 won X 2)

Acts of smoking marijuana listed in paragraph (3): 3,000 won

③ The Defendant, as indicated in paragraph (1), administered philophones purchased as indicated in the judgment, and seized the remaining philophones as described in paragraph (4) of the judgment. However, as the seized philophones were consumed for appraisal, the Defendant’s act of selling and possessing philophones is not subject to additional collection.

(No.4) 5 times the act of selling and selling phiphones as described in paragraphs (5), (6), (8), (9), and (11) at the time of printing: 3,300,000 won (=1,200,000 won + + 700,000 won + + 350,000 won + 350,000 won + 350,000 won). The act of administering phiphones as described in paragraph (7) of the holding is as listed in paragraph (6) of the holding, and the act of administering phiphones as described in paragraph (10) of the holding, because the phiphones purchased as described in paragraph (9) of the judgment, are the phiphones purchased as described in paragraph (6) of the judgment, and thus, it is not additionally collected.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Application of the sentencing criteria;

(a) Crimes of violating the Act on the Control of Narcotics, etc. (flavoon) due to the medication or possession of each phiphone;

[Determination of Types] 3 (Determination of Types (b) and (c) of Simple Possession, etc. of Medications)

[Special Sentencings] Reductions: Important investigation cooperation

[Scope of Recommendation] Reduction Area, 6 months to 1 year and 6 months

(b) Violation of the Narcotics Control Act;

[Determination of Types] 2 Medications, Simple Possessions, etc. (marijus)

[Special Sentencings] Reductions: Important investigation cooperation

[Scope of Recommendation] Reduction Area, 6 months of imprisonment to 10 months

(c) Crimes of violation of the Act on the Control of Narcotics, etc. by selling and purchasing phiphones;

[Determination of Types] Trade Mediation, etc. for Narcotics Crimes under Chapter 2 (b) and (c)

[Special Escopics] Reductions: Purchase for medication, simple possession, etc., and cooperation in important investigation.

[Scope of Recommendation] Special Mitigation Zone, 4 months to 1 year and 6 months

(d) Crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to attempted trading of phiphones: Sentencing is not applied to an attempted crime.

(e) Scope of recommendation according to the standards for handling multiple crimes: concerning concurrent crimes between the crimes for which the sentencing guidelines have been set for not less than six months and the crimes for which the sentencing guidelines have not been set, the lower limit shall comply with the lower limit of the range of sentence on the basis of the sentencing guidelines for the crimes for which the sentencing guidelines have been set. As such, the lower limit shall comply with the provisions of the Act on the Control of Narcotics, etc. (f) and the lower limit of the crimes for violation of the Narcotics, etc

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and three years of suspended sentence;

【Unfavorable Circumstances】

In the case of narcotics-related crimes, it is not easy to detect the characteristics of the crime, and there is a high risk of recidivism, and negative impact on the society as a whole due to the crypability, toxicity, etc. of the crime.The number of times that the defendant purchased and administered a cypphones, and the defendant tried to purchase a cypphone on November 2016, and even if he was arrested to the investigation agency, he purchased another cypphone and administered the cypphones after release, which seems to have reached a serious level of addiction to the narcotics of the defendant.

【Free Circumstances】

However, the Defendant recognized the Defendant’s mistake, and submitted a series of reflective statements, etc. In the investigation agency, the Defendant cooperates in arresting the F who sold phiphones to oneself. The Defendant’s family members are trying to guide the Defendant to avoid committing narcotics-related crimes in the future (after this case, the Defendant transferred the Defendant’s residence to his family’s residence), and social ties relationship is clear, such as impairing the Defendant’s long-term workplace life in good faith. The Defendant is a primary offender, and the health status is not good due to cerebral surgery, HIV infection infection, etc.

Considering the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing factors indicated in the arguments and records of this case shall be determined as ordered.

Parts of innocence

1. Summary of this part of the facts charged

At around 03:00 on January 16, 2017, the Defendant issued to the AI located in Gangnam-gu Seoul Metropolitan Government AH one disease free of charge of alknitropha, a temporary and psychotropic medicine.

2. Determination

A. Relevant legal principles

In full view of the regulatory structure and legal principles of the relevant Acts and subordinate statutes, such as the Narcotics Control Act (hereinafter referred to as the “Act”), and the purport of the temporary narcotics designation system, the purpose of the temporary psychotropic drugs and the substantial difference between the psychotropic drugs and the psychotropic drugs under Article 2 subparag. 3(a) of the Act (hereinafter referred to as the “instant provisions”) (hereinafter referred to as “a), it is reasonable to interpret that the temporary psychotropic drugs should be subject to the limitation on the scope of substances corresponding to the psychotropic drugs in substance (a) in order to punish a person who delivers a substance designated and publicly announced as temporary psychotropic drugs as a violation of Article 3 subparag. 5 of the Act on the Control of Narcotics, etc., considering that it is necessary to handle and control temporary psychotropic drugs equivalent to the psychotropic drugs, and thus, Article 3 of the Act on the Control of Narcotics, Etc., which prohibits the general act.

Therefore, Article 58(1)3 of the Act may apply to temporary psychotropic drugs, as in cases of the psychotropic drugs referred to in item (a), to the extent that they functioned in the psychotropic boundary, and are misused or abused, are highly likely to depend on serious physical or mental dependence, and where there is no proof as to the requirements, it shall not be punished pursuant to the said provision (see, e.g., Supreme Court Decisions 2015Do16477, Sept. 28, 2016; 2015Do5608, Aug. 30, 2016).

B. Determination

1) According to the evidence duly adopted and examined by this court, ① the Minister of Food and Drug Safety set the period of validity as 1.1 November 201, 2016 according to delegation under Article 5-2(1) of the Act and re-designated psychotropic drugs as 2016-704 of the Notice of the Ministry of Food and Drug Safety (hereinafter “the Notice”) No. 14.1. annually, 2016; ② The Minister of Food and Drug Safety recognized that the Defendant’s act of using psychotropic drugs, which had already been designated as a temporary psychotropic medicine (hereinafter “the Notification”), is sufficient to either 5.0% of these substances or 7 kinds, such as nibryl Litri (hereinafter “hitrith”), listed in the “chemical name” column, or 3.0% of these substances are likely to be misused or subject to punishment in light of the legal principles as seen earlier.

2) Whether alknitrot affect the mid-to long-term rupture boundary

Between January 1, 2015 and December 31, 2015, the Food and Drug Safety Evaluation Institute submitted a report on the title "A" as of December 2015, 2015 by conducting animal testing on rats 4. According to the report, alvart showed a tendency of dependence as a result of the condition location test (CPP 5) test, alvart showed a significant decline in recognition, learning, and cooperation ability as a result of a variety of psychotropic toxicity tests, and alvart was confirmed to have implemented alvart as brain, and it was anticipated that alvart will be toxicly affected to new boundary. The above report was made to be made as a witness to the extent that alvart 2016 and 16 of the above report were presented to the Seoul High Court on March 26, 2016.

In addition, on May 26, 2017, when the Minister of Food and Drug Safety re-designated and publicly announces nitrot as temporary narcotics, he added ‘the pharmacological effect' to ‘the part of ‘the summary effect' among the designated reasons for the designation, and ‘the expansion of blood transfusion' to ‘the previous public announcement', and added ‘the side effect and harmful case' to ‘the part of ‘the side effect and harmful case' as a result of animal testing.

In full view of these circumstances, Alkn't have revealed the accurate vision, but it seems that not only animals but also humans act on the mid-to long-term system.

3) Whether there is a dependence on the degree equivalent to the psychotropic substances in item (a)

According to the above report and the test results shown in the AK et al.'s thesis, there is room to regard alknitros as causing psychological dependence.

However, the following circumstances are: ① in 0 Austria, it is divided into medicines that need to be prescribed by experts, such as doctors, etc. (Sedule 4); ② it is divided into 8 Schedul or Schedule 9; ② it is published in Deflac, which is a low pharmaceutical relation in the United Kingdom, the appraisal of the materials in (a) ELSD, 4-MT, which are the materials in (b) and the materials in (c) it is no longer likely that the public prosecutor will depend on the hazardous or mental dependence on the materials in (b) it is found that there is no possibility that the public prosecutor will depend on the hazardous or mental dependence on the materials in (b) it is less likely that the public prosecutor will depend on the hazardous or mental dependence on the materials in (c) it is less likely that the public prosecutor will depend on the hazardous or mental dependence on the materials in (c) it is less likely that the public prosecutor will depend on the hazardous or mental dependence on the materials in (iv) it belongs to the Group.

3. Conclusion

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and thus, is pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act.

As such, the summary of the judgment of innocence should not be published in accordance with the proviso of Article 58(2) of the Criminal Act.

The presiding judge; and

Judges in the order of precedence

Judge Kang Dong-hun

1) The indictment contains a statement that 1.2 million won was remitted in the name of "0,000 won", but it is partially revised as stated in the facts constituting the crime according to the records of this case (Article 40-41 of the evidence records of No. 2017).

2) The written indictment is written as "Seoul Gangnam-gu S," but according to the records of this case (Evidence No. 41 of the evidence records No. 2017Dahap297), it seems to be a clear clerical error in "Seoul Gangnam-gu P.

3) The indictment contains a statement that it was remitted in the name of "T", but it is revised as stated in the facts constituting the crime in accordance with the records of this case (Evidence No. 48 pages of the Evidence No. 2017, 297).

4) The correct test was conducted on alkylethyl ether niitrite, Ethical nitrite, Ethical nitrite, ethyl niitrite.

5) A test is conducted to find out whether the degree of selecting a certain space after repeated exposure to a drug administering space to an animal subject to the test and any other space is manifestly significant.

6) Biosacopic marology is a method of analyzing the quantity of internal distribution of the relevant drug by dyeing marbial substances into a specific drug.