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(영문) 서울중앙지방법원 2018.5.10. 선고 2018고합326 판결

마약류관리에관한법률위반(향정),마약류관리에관한법률위반(대마)

Cases

2018Gohap326 Narcotics Control Act, etc. (fence) and narcotics control officials

Violation of Chinese law (marijuana)

Defendant

A

Prosecutor

Kim Jong-sung (prosecution) and fixed number of trials

Defense Counsel

Attorney B

Imposition of Judgment

May 10, 2018

Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

To order the defendant to be put on probation, to provide community service for 200 hours and to take a course of pharmacologic treatment for 40 hours.

2,312,60 won and 4,700,000 won in collaboration with C shall be additionally collected. An amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled lsD, MMA (hereinafter referred to as EXP), Kenya, and marijuana as follows:

1. Single crimes;

A. On December 2017, the Defendant purchased approximately KRW 2g of marijuana from E in cash, in front of the Gangnam-gu Seoul Gangnam-gu SeoulD’s latter part, at KRW 2.40,000.

B. From January 1, 2018 to January 2, 201, the Defendant received approximately 1.5g and lsd 50 LSD from F without compensation from the mutually unstable hotel guest room near Samsungdong-dong, Gangnam-gu, Seoul.

C. On January 2018, the Defendant sold approximately 1.5g of the X-si at KRW 1 million in cash to E in a H high school located in Gangnam-gu Seoul, Seoul, in the middle of January 2018.

D. The Defendant sold lsD 10,000 won in cash to E in the vicinity of the E’s residence located in Gangnam-gu Seoul, between February 20, 2018 and February 20, 2000.

E. From March 11, 2018 to March 12, 2018, the Defendant administered K clubs in the vicinity of the Gangnam-gu Seoul JJ field, putting them into the formulation of one set of the X-gu Kwit-si.

F. From March 15, 2018 to March 16, 2018, the Defendant administered, as a hand, a hand, etc., having a large amount of Kenyas (out of 0.5g ordinarily administered once to 0.5g) in the vehicle as stated in the Mag-dong, Gangnam-gu, Seoul, Seoul, with a view to inhaleing the nose.

2. Joint offenses with C;

A. A. Around the time when the Defendant and C agreed to purchase marijuana together, the Defendant agreed to contact E with 1, set the terms and conditions of the transaction of marijuana, and C moved from 20:00 to 22:00, to 3,60,000 won in cash from 3,00,000, to 1,000,000, from 4:5:0,000,000 to 3:0,000,000,000 to 3:0,000,000,000 to 3:0,000,000,000 to 3:0,000,000,000 to 4:3:0,000,000,000,000 to 1,000,000,000,000,000,000,00,000,00,00.

D. On March 1, 2018, the Defendant, along with C, parked in the vicinity of the Defendant’s residence located in the Gangnam-gu Seoul Metropolitan Government 0,107 2402 Dong 2402, from March 1, 2018 to Police Officers during the same month, the Defendant smoked marijuana over about 10 times in the vehicle as described in Article 1(e) of C Operation, which was parked in the vicinity of the Defendant’s dwelling in Gangnam-gu Seoul Metropolitan Government 0,107 dong 2402. The Defendant: (a) carried a hole among drinking water cans; (b) carried a smoke with a fire attached to it;

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. Copy of each police interrogation protocol of E or P;

1. Each police seizure record and the list of seizure;

1. Copies, such as each E mobile phone photograph, and the entry or departure of each individual;

1. Application of Acts and subordinate statutes, such as a written confirmation of urine testing, a written appraisal of narcotics (Evidence Records 380 to 382), and a suspect A’s written appraisal of narcotics (2018-H-5011);

1. Article applicable to criminal facts;

Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act (the crime No. 1-A and 2-A. A. 2-A. added to Article 30 of the Criminal Act); Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the crime No. 1-B; e., 2-2-c. 2-c. 2- (f) the receipt, delivery, sale, and medication at the market; 1-f. 2-b. 3; 2-b. 3; 30; 58(1)3, 3-5, and 2-3(a) of the Act on the Control of Narcotics, Etc.; Article 60(1)2 of the Criminal Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, etc. at the market); Article 10(2)3(b) of the Criminal Act on the management of narcotics, etc.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) by each of the crimes of violation of the Act on the Control of Narcotics, etc. (fence), by giving and receiving of heavy lss, and the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) by the provision of the Act on the Control of Narcotics, etc., as stated in the judgment, and the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) by each of the crimes of violation of the Act on the Control of Narcotics, etc. (fence) by the sale of LSD and Kenyas, and the punishment imposed on each of the crimes of violation of the Act on the Control of Narcotics, etc. (fence) by the sale of LSD with heavy slD, the punishment imposed on each of the crimes of violation of the Act on the Control of Narcotics

1. Selection of punishment;

With respect to the crimes of violation of the Act on the Control of Narcotics (flavoring), etc. (flavoring), imprisonment with prison labor shall be imposed on each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring), the sale and medication of posters, the violation of the Act on the Control of Narcotics, etc. (flavoring), the receipt and reception of marijuana

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act and Article 2-2-2 (b) of the Act on the Control of Narcotics, etc. (Aggravation of concurrent crimes with punishment prescribed for the violation of the Act on the Control of Narcotics, etc. (fence) by the sale of navigation

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

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

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (the grounds for calculating a surcharge shall be as shown in the attached Form)

1. Order of provisional payment;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act: Imprisonment with prison labor for a period of two years and six months or more from 22 years and six months to 22 months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply because a crime exists in a mutually competitive relationship.

3. Determination of sentence: Imprisonment with prison labor for three years and four years under a suspended sentence; and

○ Offenses related to Unfavorable Normal Narcotics, etc., which are not easy to detect due to the characteristics of administration because they are closely traded, are not easy to detect, are in importance;

The risk of recidivism due to toxicity, etc. and other crimes are highly likely to cause social harm. The crime of this case is intended to receive or trade psychotropic drugs such as lsD, X posters, Kenya, and marijuana, and some of them directly smoked. The crime of this case is very heavy in that the narcotics handled by the Defendant were distributed to others through E. The crime is very heavy in that the narcotics distributed by the Defendant were distributed to others. In the early stage of the investigation process, arrest of accomplices was difficult.

The favorable circumstances in this respect

The defendant's mistake is against his own will to treat. The defendant himself shows his will to treat, and his family members are trying to prevent recidivism against the defendant, and there is no record of criminal punishment except the suspension of indictment due to the theft crime.

Considering the above circumstances, the defendant's age, character and conduct, environment, family relationship, health status, frequency of crimes, means and methods of crimes, motive and circumstances after crimes, and other circumstances specified in the records and arguments of this case shall be determined as ordered.

Judges

The presiding judge; and

Awards and Decorations for Judges

Judges Lee Jong-deok

Attached Form

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.