(영문) 서울중앙지방법원 2018.8.29. 선고 2018고합673 판결

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive. To order the accused to provide community service for 120 hours.

Seized 0.7g (excluding 0.01g excluding evidence 3, and 0.01g excluding the amount consumed for appraisal) shall be confiscated. 3,012,00 won shall be collected from the accused.

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

Reasons

Criminal facts

Even if the Defendant is not a person handling narcotics, the Defendant handled cocars and psychotropic drugs-related Megapules (one philophone; hereinafter referred to as "philophones") as follows:

1. Purchasing coaches or philophones;

A. On April 22, 2017, around 13:01, the Defendant: (a) contacted with a seller of narcotics, etc. who became aware of through Internet search site and SNS Foundation D (AE); (b) notified D of the Defendant’s virtual currency (non-coin) the Defendant’s serial serial number to purchase the penphone and ccars; and (c) paid the Defendant’s virtual currency (non-coin) by the method of withdrawing the bitcos of an amount equivalent to KRW 1,00,000 at the market price from the Defendant’s electronic wall; and (d) purchased D by means of 0.5g and approximately 0.5g, C, a carphone concealed in the mail of the FGG building in Songpa-gu Seoul Metropolitan Government.

B. On May 8, 2017, at around 18:25, the Defendant made contact to D and paid the price by the above method, and at around 18:40 on the same day, D purchased 0.5g and approximately 0.5g of clophonephones, which are concealed inside the inner part of the 1st floor of the building in Gangnam-gu Seoul Htel, Seoul, by finding out approximately 0.5g and about 0.5g of clophones.

C. On May 26, 2017, at around 18:24, the Defendant made contact to D and paid the price by the above method, and at around 20:58 on the same day, D purchased approximately 2 g of opphonephones inside the Defendant’s K-car (L) parked in the J-cafeteria parking lot located in Gangnam-gu Seoul Metropolitan Government by having D put approximately 2g of opphones into the paper room.

D. On June 7, 2017, at around 19:07, the Defendant made contact to D and paid the price by the above method, and at around 19:30 on the same day, D purchased approximately 0.5g of opphonephones inside the car parking lot in Seocho-gu Seoul Metropolitan Government, by having D put about 0.5g of opphones into paper bags.

2. Acceptance of coaches;

On June 18, 2017, at around 01:10, the Defendant contacted D with D and received ccars free of charge, and around 20:20 on the same day D received approximately 0.2g of ccars, the ccars, which was closed from the inside of the toilets for the rest of the toilets for the underground male of the Seocho-gu Seoul N, Seocho-gu, Seoul.

3. Medication, or the use of kylphones.

A. On April 2017, the Defendant: (a) opened approximately 0.5g and approximately 0.5g of crocphones purchased in the hotel rooms located in Seo-gu, Seo-gu, Daejeon at the end of the end of the year; and (b) administered and used them in a method of inhaleing cocons over two occasions.

B. From May 2017, the Defendant: (a) opened approximately 0.5g and approximately 0.5g of philophones purchased in the hotel room located in the vicinity of Daejeon or lower Daejeon, as described in paragraph (b) at the hotel room in the middle of June of the same year; (b) administered and used them in a method of inhaleing them in cocons over three occasions.

C. On June 27, 2017, at around 23:00, the Defendant administered and used 0.5g and approximately 0.5g cocaron, purchased in the hotel room located in Seo-gu, Seo-gu, Gwangju, by raising about 0.5g and approximately 0.5g of cocar on his table, as described in paragraph (d).

D. On June 2017, the Defendant: (a) around the end of Gwangju (hereinafter referred to as “Seoul”); (b) opened cocars received free of charge, such as the entry in paragraph (2), on the table, and used them in a manner of inhaleing cocos.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of the police in relation to D (Evidence No. 28);

1. The details of bit coaches and the details of hosting with sellers;

1. A narcotics appraisal statement (Nos. 13 and 14 of the evidence list), a bureau on the hair of a suspect, and a narcotics appraisal statement; 1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes concerning the calculation of additional collection charges;

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

Each Act on the Control of Narcotics, Etc., Articles 58(1)1, 4(1)1, 2 subparag. 2(d) of the Act on the Control of Narcotics, Etc., Articles 60(1)1, 3 subparag. 1, and 2 subparag. 2(d) of the Act on the Control of Narcotics, Etc., Articles 60(1)1, 3 subparag. 1, and 2 subparag. 2(d) of the Act on the Control of Narcotics, Etc., Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Articles 60(1)2, 4(1)

1. Aggravation for concurrent crimes;

The penalty provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the severe penalty and penalty) shall be added to concurrent crimes committed in violation of the Act on the Control of Narcotics, etc. (narcotics) due to the purchase of cocoa on May 8, 2017.

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. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. [Grounds for Calculation of Additional Collection]

○ Amount of KRW 1,092,00 [= 2.73g of phiphones + 0.5g + 0.5g + 2g + 0.5g of phiphones confiscated 0.77g) X Seoul Central and Dong area of Handphones KRW 400,000]

○○ Cocar’s value of KRW 1,920,00 [=cocar’s value of KRW 1.2g + 0.5g + 0.5g + 0.2g) X-1g purchase price of KRW 1,600,000 (Cocar’s value is nonexistent; KRW 1,00,000,000 calculated by subtracting 20,000 won from purchase price of KRW 0.5g of writtenphone, and KRW 1,00,000,000 calculated by subtracting 20,000 won from purchase price of KRW 0.5g of writtenphone, and KRW 1,092,000 + KRW 1,000)] ○: 3,000 (=1,092,000 + KRW 1,92,0000)

1. Order of provisional payment;

1. Scope of applicable sentences under the law: Imprisonment with prison labor of two years and six months from June to June 22

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violation of the Narcotics Control Act (narcotics);

[Determination of Type] Trade Mediation, etc. for Narcotics Form 3 (Narcotic drugs, flag (Ga).)

[Special Escopics] Reductions: Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years (Mitigation)

B. Scope of final sentence according to the processing standards for multiple offenses;

Imprisonment between June and September 9 months;

3. Determination of sentence;

Crimes related to narcotics, etc. are not easy to detect due to their characteristics, and are highly harmful to individuals and society as well as society due to their crynasity and toxicity. The defendant purchased and administered cocars and phiphonephones five times between approximately two months, and the criminal liability is heavy.

However, all of the crimes of this case are recognized by the defendant and are against the defendant. There is no record that the defendant was punished for a crime related to narcotics, and the defendant seems to have no experience of administering or using narcotics before the crime of this case is committed. This is the circumstances favorable to the defendant.

In addition, the defendant's age, character and conduct, family relations, motive and circumstances of the crime of this case, and the circumstances of the crime of this case, etc. shall be determined as per Disposition by taking into account various sentencing