2017Mohap927 Violation of the Act on the Control of Narcotics, etc. (mariana)

1. A;

2. B

3. C

Kim Jong-sung (prosecution) and Park Jong-chul (Public trial)

Attorney D (Defendant A and B)

November 9, 2017

Defendant A shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for ten months.

However, the execution of each of the above punishment against the Defendants is suspended for two years from the date this judgment became final and conclusive.

To order the defendants to attend the community service for 120 hours and the pharmacologic treatment for 40 hours.

2,290,000 won in collaboration with Defendant A, and 1,100,000 won in collaboration with Defendant B and C shall be collected respectively.

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

Criminal facts

Even if the Defendants were not the narcotics handler, they dealt with marijuana as follows:

1. Defendant A

(a) Purchasing marijuana;

On August 25, 2016, the Defendant agreed to purchase marijuana with E, and then deliver half of the purchase fund for marijuana to E, and E, around 10:05 on the same day, remitted the money equivalent to 350,000 won to a non-name seller using Adi-G from the Internet deep web sales site of the same day, and purchased approximately 3 g of marijuana, which the said seller was concealed at the immediately adjacent signboard of the building in Seocho-gu Seoul Metropolitan Government H trade name, at around 19:00, at around 19:0, the Defendant, in collusion with E, remitted approximately 2,290,000 won over six times in total as indicated in the list of crimes, and purchased approximately 17g.

A person shall be appointed.

A person shall be appointed.

(b) Smoking marijuana;

1) On August 26, 2016, around 19:30 on August 26, 2016, the Defendant, along with E, smoked twice in a total of seven times as indicated in the following crime list, jointly with E, by drilling several holess on one side of the disposable coffee 201, and cutting off marijuana 0.3g on the instant World Cup, attaching a bubro to it as soon as possible, and then smoking approximately 0.6g marijuana. From August 26, 2016 to October 15, 2016, the Defendant smoked approximately 4.2g of marijuana over seven occasions in total, as indicated in the following crime list 2:

A person shall be appointed.

A person shall be appointed.

2) On January 13, 2017, around 21:00, the Defendant smoked 0.3g of commercial drugs in the above-mentioned manner at the dwelling of the above-mentioned Defendant.

2. Joint criminal conduct by Defendant B and Defendant C

(a) Purchasing marijuana;

On January 7, 2017, the Defendants, along with E, agreed to purchase marijuana, set up a purchase price by withdrawing cash, and, around 08:17 the same day, agreed to purchase AdiW at the Internet deep web sales site of "SadiW" in 1,100,000 won, and wired the corresponding bitco to the address of Bitcoin known to him/her, at around 19:00 on the same day, he/she jointly purchased marijuana by receiving 10g of marijuana concealed by the said seller in front of the building in the vicinity of the Gangnam-gu Seoul Metropolitan Council.

(b) Smoking marijuana;

At around 20:00 on January 7, 2017, the Defendants, along with E, posted approximately 0.5g marijuana in the 'AA hotel' bank located in Gangnam-gu Seoul, Gangnam-gu, in the 'AA hotel' bank located in Gangnam-gu, Seoul, and jointly smoked approximately 1.5g of the total amount of 3 pieces and the total amount of 1.5g marijuana by attaching a fire as soon as possible.

3. Defendant B

A. On March 19, 2017, at around 19:00, the Defendant: (a) extracted several holess from the side side of the instant AC dormitory building immediately adjacent to the instant AC dormitory building in Pakistan; (b) opened about 0.5g of marijuana on the instant World Cup; and (c) smoked as soon as possible by attaching a bub with fire.

B. At around 22:00, the Defendant smoked about 0.5 g of marijuana in the Defendant’s residence, which was located in Goyang-dong, U.S., U.S. (ADtel 603), in the above manner, at around 2017 and April 200.

C. On April 2017, the Defendant smoked approximately 0.5g of marijuana in the above manner, at around 22:00, at the residence of the above Defendant.

D. On May 1, 2017, the Defendant smoked approximately 0.5g of marijuana in the above-mentioned manner at the residence of the above Defendant, around 15:00.

4. Defendant C.

A. On February 23, 2017, the Defendant: (a) 23:00 on the rooftop of the Eunpyeong-gu Seoul Metropolitan Government building, excavated several holes on the side of the instant coffee; (b) laid off about 0.5g of marijuana on the instant cup; and (c) smoked as soon as possible by attaching fire to a log.

B. On April 2017, the Defendant smoked approximately 0.5g of marijuana at the place indicated in the foregoing paragraph (a) at the beginning of April 2017, at around 23:00.

C. On May 2017, the Defendant smoked approximately 0.5g of marijuana on the rooftop of the Eunpyeong-gu Seoul Metropolitan Government building at around 01:00, in the same manner as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Details of transactions between Bitcoin, -E copiers, their member information and data on the details of transactions;

1. Additional replys for each request for appraisal;

Application of Statutes

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

(a) Defendant A: Articles 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act (hereinafter referred to as the “Narcotic Drugs Control Act”); Articles 30(1)4(a) and 3 subparag. 10(a) of the Criminal Act; Articles 30(a) of the same Act; Articles 61(1)4(1) and 3 subparag. 10(a) of the same Act; Articles 30(a) of the Criminal Act; 61(1)4(a) and 3 subparag. 10(a) of the same Act; Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (hereinafter referred to as the “Narcotic Drugs Control Act”);

(b) Defendant B and C: Articles 59(1)7 and 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)4(1)4(a) of the Narcotics Control Act, Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act

1. Aggravation for concurrent crimes;

(a) Defendant A: The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and Article 38(1)2, and Article 50, of the same Act, among the concurrent offenders with the punishment prescribed for violation of the Narcotics Control Act due to the purchase of marijuana by October 15, 2016;

(b) Defendant B and C: The penalty provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the violation of the Narcotics Control Act due to the purchase of marijuana, which is the largest sentence of Article 37 of the said Act;

1. Discretionary mitigation;

Defendant B and C: Each of the Articles 53 and 55(1)3 of the Criminal Code (The following consideration of favorable circumstances among the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of each Criminal Code (The following, repeated consideration of the reasons for sentencing):

1. Orders to provide community service or attend lectures;

Article 62-2(1) of the Criminal Act

1. Additional collection:

(a) proviso to Article 67 of the Narcotics Control Act (the defendant's smoking of marijuana shall not be collected separately as it smokes the marijuana purchased respectively).

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

[Although all of the defendants voluntarily surrenders to the investigation agency to commit their crimes, they merely submit a self-denunciation statement to the police after they made a statement of all of the defendants' crimes to the police and the police after they made a request for appearance to the defendants, and they do not separately reduce the number of the defendants. However, in the case of the defendants B and C, the number of the purchases of marijuana is only one time, and the number of the purchases of marijuana shall be mitigated by taking into account

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for one to forty-five years;

(b) Defendant B and C: Imprisonment with prison labor for each of six months to two years and six months;

2. Application of the sentencing criteria;

A. Defendant A

(i) a violation of the Narcotics Control Act due to the purchase of each marijuana;

[Determination of Types] Class 2, such as the sale and purchase, good offices, etc. for narcotics (Manman, May (b) and (c), etc.)

[Special Convicts] Reductions: ① Purchase or acceptance for medication, simple possession, etc. ② Scope of Voluntary Mitigation, 4 months to 1 year and 6 months

(ii) a violation of the Narcotics Control Act due to the smoking of any marijuana.

[Determination of Type] 2 types of medication, simple possession, etc. (e) of narcotics

[Special Sentencings] Mitigations: Self-denunciations

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

3) Scope of recommendations based on the guidelines for handling multiple crimes: Imprisonment with prison labor for up to six months to two years;

B. Defendant B and C

(i) a violation of the Narcotics Control Act due to the purchase of marijuana;

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

[Special Sentencings] Reductions: ① Purchase or acceptance for medication, simple possession, etc.; ② Self-denunciation

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

(ii) a violation of the Narcotics Control Act due to the smoking of any marijuana.

[Determination of Types] Medication, Simple Possession, etc. of Narcotics> Class 2 (mama, math (d) and (e), etc.)

[Special Sentencings] Mitigations: Self-denunciations

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

3) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor of six months to two years and ten days;

3. Determination of sentence;

(a) Defendant A: One year of imprisonment and two years of suspended execution; and

B. Defendant B and C: Ten months of imprisonment with prison labor, two years of suspended sentence, and the following circumstances are taken into account; the Defendants’ age, character and conduct, growth process, environment, motive, means and consequence of the crime; and the scope of recommended sentences in sentencing guidelines shall be determined as ordered by taking into account the following factors: the Defendants’ age, character and conduct, development process, environment, motive, means and consequence of the crime;

【Unfavorable Circumstances】

In the case of narcotics-related crimes, it is not easy to detect them due to their characteristics, and the risk of recidivism is high, as well as negative impacts on the society as a whole due to the crypability, toxicity, etc. The quantity of marijuana purchased by the Defendants is reasonable, and the number of times in the case of Defendant A reaches six times. The number of smoking times of the Defendants is not large.

【Free Circumstances】

All of the Defendants recognize and are against the truth-finding. All of the Defendants’ criminal conduct for the purchase of marijuana led by E, and E was not currently prosecuted. The purchase of marijuana by Defendant B and C is nothing more than once. The Defendants purchased marijuana for the purpose of smoking, and the Defendants purchased marijuana for the purpose of smoking, and they did not distribute it during the time. Defendant A did not have any history of criminal punishment other than that sentenced to fines twice for this type of crime, and Defendant B and C are first offenders. All of the Defendants are social ties.

The presiding judge; and

Judges in the order of precedence

Judge Kang Dong-hun