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(영문) 서울중앙지방법원 2018.12.27. 선고 2018고합1082 판결

마약류관리에관한법률위반(대마)

Cases

2018Gohap1082 Violation of the Act on the Control of Narcotics, etc. (marijuana)

Defendant

A

Prosecutor

Preliminary (prosecution) and book democracy (public trial)

Defense Counsel

Attorney Kim Jong-soo

Imposition of Judgment

December 27, 2018

Text

A defendant shall be punished by imprisonment for one year.

One (Evidence No. 1) and one (Evidence No. 2) shall be confiscated, respectively. 5,500,000 won shall be collected from the defendant.

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

Reasons

Criminal facts

1. On May 2018, 2018, the Defendant 1,50,000 won as the purchase price for marijuana, when she was feld from D in the residence of B apartment C&D, Gyeonggi-do, and 1.5 million won to D in the name of purchase price for marijuana.

Accordingly, the defendant purchased approximately 280,000 grams from D to 1.5 million won.

2. At around 23:00 on September 6, 2018, the Defendant asked E to contact for marijuana, and requested it to search for it. At around 112 grams (4.4.0), the Defendant sent out about 112 grams (4.0 billion won) from the H-type car operated by the Defendant parked on the street near the G B-gu Seongbuk-gu, Seongbuk-si, Sungnam-si, Gyeonggi-do, to use it in the H-type car. Accordingly, the Defendant purchased about 112 grams from E and I for the purchase price for marijuana in KRW 4 million.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol for J, I, K, and E;

1. A report on seizure conducted on October 23, 2018;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article applicable to criminal facts;

Articles 59(1)7 and 3 subparag. 7 of the former Narcotics Control Act (Amended by Act No. 15481, Mar. 13, 2018)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Punishment of Narcotics, etc.) due to the Purchase of Cannabis on September 6,

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (based on the calculation of a surcharge): 5 million won in total for the purchase of marijuana (=1.5 million won + 4 million won); 1. Ordering provisional payment

Article 334(1) of the Criminal Procedure Act provides reasons for sentencing; 1. Scope of applicable sentences: Imprisonment with prison labor for one year to 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and concurrent crimes: The basic field of crimes of violation of the Act on the Control of Narcotics, etc. (the determination of types) (the scope of recommendations and recommendations), including the category 2 (the scope of recommendation fields and recommendations), the basic field of crimes of violation of the Act on the Control of Narcotics, etc. (the determination of types), the trade mediation, etc. by the purchase of marijuana, and one year to two

(b) The range of final recommended punishment based on the standards for handling multiple crimes: One year to three years (the imprisonment with prison labor for a two-year term, which is the maximum range of sentence for a violation of the Act on the Control of Narcotics, Etc. (mariana) on September 6, 2018, and one year shall be aggregated).

3. Determination of sentence: One year of imprisonment; and

[Unfavorable Circumstances] Crimes related to narcotics are not easy to detect due to their characteristics, and are likely to pose a high risk of recidivism and have a significant negative impact on the society as well as on the society due to their decliability and toxicity. Although the Defendant had been punished for the same kind of crime, such as buying and selling brokerage of marijuana, and giving and receiving it, the Defendant again committed the instant crime as long as the period of suspension of execution expires, and again, committed the instant crime. The Defendant’s purchase amount of marijuana is considerably large, and part of the hemp purchased was distributed.

[Lied circumstances] The Defendant led to the confession of the crime and reflects the mistake. The Defendant’s wife wanted to take the Defendant’s wife.

In addition, all the sentencing factors in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc., shall be determined as per the order.

Judges

The presiding judge, Park Nam-cheon

Judges Trial

Judges Kim Jae-young