2014Gohap201 Violation of the Act on the Control of Narcotics, etc. (marijuana)

A

The original domicile, the mobile advice, and the public trial

Attorney B (Korean National Assembly)

April 3, 2014

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall order the defendant to attend community service for 80 hours and pharmacologic treatment for 40 hours.

2,600,000 won shall be additionally collected from the defendant.

Criminal facts

Although anyone is prohibited from trading, arranging, or smoking marijuana, the defendant dealt with it as follows:

1. On October 2012, the Defendant: (a) delivered KRW 300,00 in cash to C with the request to rescue marijuana; and (b) received two grams of marijuana from C from October 21, 2012 to December 22:00 of the same day, during the period from October 21, 2012 to October 21, 200 of the same day, the Defendant received 30,000 won in cash from C in the alley near the F Station in Seocho-gu, Seoul.

Accordingly, the defendant purchased marijuana from D.

2. On October 5, 2012, the Defendant, around 21:00, placed two grams of marijuana purchased on the alleyway near the above F Station, on a tobacco paper, added a horse on a tobacco paper, and inhales it with C, and then inhales it.

Accordingly, the Defendant, in collusion with C, smoked marijuana.

3. On January 6, 2013, from around 21:00 to 22:00 of the same day, the Defendant introduced the trade name located in Yongsan-gu Seoul Metropolitan City to a restaurant with no knowledge of the trade name, and upon the H’s request to request the purchase of marijuana, sent contact information to him/her, and H contacted I introduced by the Defendant, and on January 24, 2013, purchased the 1g of marijuana in the price of KRW 200,000,000 from March 9, 2013, KRW 5g of marijuana in the price of KRW 90,000,000,000 from April 4, 2013.

Accordingly, the defendant assisted the trade of marijuana.

4. On June 5, 2013, between 19:00 and 20:00 on the same day, the Defendant received a cash of KRW 1.50,00 and one gram of marijuana from the K elementary school playgrounds located in Gangnam-gu Seoul High SchoolJ to 20:00 on the same day.

Accordingly, the defendant purchased marijuana.

5. At around 20:00 on June 12, 2013, the Defendant: (a) attached one gram of marijuana at the Defendant’s home, No. 1814, 102, to a tobacco paper, and inhales it.

Accordingly, the Defendant smoked marijuana.

6. On June 20, 2013, from around 02:00 to 03:00 on the same day, the Defendant was granted from 1.5 passenger cars stopping at the entrance of the N Hospital located in Gangnam-gu Seoul Metropolitan Government M to 1.50,00 won to I and 1.50,000 gram of marijuana.

Accordingly, the defendant purchased marijuana.

7. The Defendant, at the same time and place as in paragraph 6, posted a tobacco paper with a gram of marijuana, and inhaled the smoke.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. I. Copy of each police interrogation protocol regarding D;

1. Each investigation report (related to the records of this case, the analysis of base stations, etc., the date and time of crimes A, the confirmation of telephone details, and the report on the calculation of additional collection charges);

1. Records of seizure and the list of seizure;

1. As a result of the simplified test of the suspect, each narcotics appraisal report;

Application of Statutes

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

Articles 59(1)7, 3 subparag. 9 (the point of trade and assistance in trade of marijuana), 61(1)4 (a) and 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act (the point of the smoking of marijuana in paragraph (2) at the time of the board), Article 61(1)4 and 61(1)4 of the Narcotics Control Act, and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc., and Articles 5 and 3 subparag. 10 (7) of the said Act, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (referring to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc.) due to an arrangement for trade of marijuana,

1. Suspension of execution;

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

1. Order for community service and education;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (the amount of additional collection: 2.6 million won (-3 million won + 2.0 million won + 1.50 thousand won + 1.50 thousand won) in total of the sales amount of marijuana as stated in paragraphs (1, 3, 4, and (6) of the judgment; and the amount of additional collection shall not be collected separately for marijuana, since it is included in the marijuana purchased).

Reasons for sentencing

1. Application of the sentencing criteria;

(a) Scope of recommendations and sentences for each crime;

(i) Violation of the Act on the Control of Narcotics, etc. (mariana) due to trade or trade assistance in marijuana;

[Determination of Types] Narcotics Crimes, Trade Mediations, etc., marijus, malibs, Fac and c. (Type 2)

[Special Sentencings] Reductions: Important investigation cooperation

[Scope of Recommendation] Imprisonment with prison labor of not less than 8 months but not more than 1 year and 6 months (a mitigation area)

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

[Types] Narcotics crimes, medication, simple possession, etc., marijuana, d., items (d) and (e) etc. (Type 2)

[Special Sentencings] Reductions: Important investigation cooperation

[Scope of Recommendation] Imprisonment with prison labor of not less than 6 months but not more than 10 months ( mitigated areas)

(b) Imprisonment with prison labor for not less than eight months and not more than two years and not more than nine months (in accordance with the guidelines for handling multiple crimes, 1/2 of the upper limit of the range of sentence for the highest crime among the concurrent crimes, 1/3 of the upper limit of the range of sentence for the highest crime, and 1/3 of the upper limit of the range of sentence);

2. Determination of sentence and the reasons therefor;

(a) Sentence and suspension of execution: Imprisonment with prison labor for one year; and

(b) Grounds;

Even though the Seoul Eastern District Court sentenced on August 28, 2009 to the suspension of the execution of 2 years for the violation of the Act on the Control of Narcotics, etc. (mariana) in the Seoul Eastern District Court on August 28, 2009, the Defendant committed the same kind of crime at the time of the lapse of 1 year after the suspension of execution period, and therefore, the liability for the crime cannot be deemed to be less.

However, considering the circumstances favorable to the defendant, such as the defendant's age, occupation, family relationship, health condition, living environment, motive and circumstances leading to the crime of this case, the execution of the sentence shall be suspended as stated in the disposition, and social service order, etc. shall be imposed in order to enable the defendant to have reflective and self-esteem time.

The presiding judge, senior judge;

Judge Senior Professor

Judges Park Jong-young