(영문) 서울중앙지방법원 2018.1.12. 선고 2017고합1112 판결

One (No. 5), one color-measurement (No. 6), one (1) (No. 1) (No. 6), one (1) (No. 7m., 60) removed and used for the transparent plastic volume measurement that has been seized. 1,040,000 won shall be collected from the Defendant.

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

Reasons

Criminal facts

The defendant is not a person handling narcotics.

1.F and G - Sale and attempted sale of X-hows;

The Defendant, from May 2017 to H’I’s site, sold narcotics by using the “IDJ” on the H’s “I” website, and the Defendant supplied and managed the narcotics, etc., and F and G conspireded to sell narcotics by sharing the role of delivery for buyers to receive narcotics, etc. according to the direction of the Defendant.

A. In collusion with the Defendant, F, and G, the Defendant set the terms of sale and purchase of narcotics, etc. on his name, and the F and G sold the X poster by means of having the Defendant receive approximately 0.5g of psychotropic drugs, MDMA (the 'EX PP'; hereinafter referred to as the 'EX PP'), which was psychotropic substances, in the first floor of the building on the first floor of the building in the address of the Seodaemun-gu Seoul at the end of September 2017, 2017, including KRW 40,000,000, which was put up by the said purchaser, at the end of the middle of September 2017.

B. In collusion with the Defendant, F, and G, the Defendant received approximately KRW 300,500 to KRW 500,000 from the purchaser of narcotics, etc. in his name and received the transfer of approximately KRW 300,000 to KRW 500,00 for the purchase price of the X-ray, and then sold the X-mail by means of inserting approximately 0.3-0.5gg of the X-gu Seoul, Seoul, in a single-story electricity unit around September 21, 2017, when the said purchaser was in the first floor of the house near the K-gu Seoul, Jung-gu.

C. In collusion with the Defendant, F, and G, the Defendant set the terms and conditions of L and trade, and F and G intended to sell 10g of X at KRW 3.5 million in cash to L around September 21, 2017 at the direction of the Defendant, around September 21, 2017, “N located in Seocho-gu Seoul Metropolitan City M” but did not arrest the police officer locking out to commit an attempted crime.

2. The defendant's sole crime;

(a) Purchasing marijuana;

On July 2017, the Defendant, at around 22:00 on the same day, remitted bitcos equivalent to KRW 2.60,000, out of the purchase price of the seash (in concentration of marijuana) to Lman, purchased the hsh in a manner of finding two grams of the brush near the Pne located in Gangnam-gu Seoul, Seoul, where L was known at around 22:00.

(b) Smoking marijuana;

around August 2017, the Defendant: (a) buried approximately 0.2g of the amount in the common residential areas of Q, F, and G located in Seoul Special Metropolitan City, Seoul Special Metropolitan City, Q, 601, in one cigarette, attached a stop to a dog; and (b) smoke by smoking tobacco.

around August 2017, the Defendant administered X-si in a way of drinking a capsule, which contains approximately 0.13g of X-si, Yongsan-gu, Seoul, 177 Lee Taewon-ro, with approximately 0.13g of X-si, using a capsule together with drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of the suspect examination protocol of F or G by prosecution and police officer;

1. The prosecutor's statement concerning the F;

1. Copy of the police statement concerning L;

1. Each protocol of seizure and the list of seizure;

1. Live cell phone-making photographs, photographs of seized objects, and old-art photographs;

1. Request for appraisal, reply report and narcotics appraisal report (Evidence Nos. 61);

1. Each investigation report (information conversations with RIDS as at the time of the stolen transaction, report related to the situation at the time of arrest of the suspect G. F and the time of arrest, investigation such as the route of movement to the scene of the crime, investigation of residence and search circumstances, confirmation of a mobile phone number of the suspect A, investigation of the criminal suspect A's mobile phone number, investigation of the circumstances related to the crime, investigation of the suspect A's arrest and reporting on the situation at the time of arrest of the suspect A, investigation of the suspect's body and residence, search and seizure of the suspect and calculation of the penalty) (Evidence Nos. 6 through

Application of Statutes

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act, Article 60 (3), Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Narcotics Control Act, Article 30 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 59 (1) 7, and subparagraph 7 of Article 3 of the Narcotics Control Act, Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Narcotics Control Act, Article 60 (1) 2, Article 4 (1) 1, and Article 3 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 23 (b) of the Act;

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considering favorable circumstances among the reasons for sentencing below):

1. Orders for probation and education;

Article 62-2 (1) of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection 1) The proviso to Article 67 of the Narcotics Control Act (Calculation of additional collection charges): 1040,000 won in total;

○ 2 times for sale by X-gu: 700,000 won (=400,000 + 300,000 won)

○ Purchasing marijuana: 260,000 won

○ X-type medication: 80,000 won 3)

1. Order of provisional payment;

1. Scope of sentencing under Article 334(1) of the Criminal Procedure Act: Imprisonment with prison labor for one year - 45 years;

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

(a) The crime of violating the Act on the Control of Narcotics, etc. (flavotion) by selling and selling each X-ray;

[Determination of Type] Type 2 (Sariju, Flagbb, Item (c), etc.) (No person specially punished) such as marijuana, native (b), item (c), etc.)

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 1 year, 2 years

(b) No sentencing criteria are set for a violation of the Act on the Control of Narcotics, etc. (flavoring) due to an attempted transaction of X-how;

[Determination of Types] Purchase or acceptance for medication, simple possession, etc. of Types 2 (Sariju, Do administration, item (b) and (c), etc.) (Special Sentencing), such as assistance in the trade of narcotics-related crimes

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 8 months, - January and 6 months;

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

[Determination of Types] No types 2 (ma) (including marijuana, natives (d) and (e), etc.) (a person specially punished) shall be administered, simple possession, etc.) of narcotics crimes.

[Recommendation and Recommendation Scope] Basic Field, Imprisonment 8 months, - January 6

(e) Crimes of violating the Act on the Control of Narcotics, etc. (flavotion) by medication of X-how;

[Determination of Type] 3 of Medication, Simple Possession, etc. (Raybbb and (c))

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment with prison labor for 10 months - Two years

3. Application of standards for handling multiple crimes;

A concurrent crime for not less than one year (the crime of violation of the Act on the Control of Narcotics, etc. by medication, and the violation of the Act on the Control of Narcotics, etc. (mathal) by medication, and the violation of the Act on the Control of Narcotics, etc. (mathal) by an attempt to sell or sell X posters for which the sentencing criteria are set, and the crime of violation

Since the sentencing criteria are set, it shall be based on the lower limit of the recommended punishment for the violation of the Act on the Control of Narcotics, etc. (fence) by the sale of X-Pers whose sentencing criteria

4. Determination of sentence: The crime of this case, one year and three years after the suspension of the execution of one year and six months, was committed by the Defendant, using the Internet drug transaction site and R, selling X-gu, administered X-gu, and purchasing the hsh, which is the balance of marijuana, and asking it in tobacco, thereby smoking marijuana, and is a good crime. The Defendant has a large degree of criticism in that he led the Defendant to commit the crime by having the X-gu participate in the crime of pro-Japanese F and G in order to bring about the X-gu at the place where he promised to buy and sell the X-gu in contact with the person who wants to buy and buy the X-gu.

However, the circumstances favorable to the defendant such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime of this case, and various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, family relationship, the motive and circumstance of the crime of this case, the circumstances after the crime of this case, etc., shall be comprehensively considered in light of various sentencing conditions under Article 51 of the Criminal Act.

Judges

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul

Note tin

1) The crime of smoking marijuana as described in No. 2-B of the holding is a smoking of the marijuana purchased as described in No. 2-A of the holding.

No value shall be estimated separately.

2) When committing the crime described in paragraph 1-b of the holding, the amount of KRW 300,000 to KRW 500,000 converted by the defendant

300,000 won, which is a small amount, shall be collected additionally.

3) Seoul regional MMA 1 time in August 2017, which was published at the most close time on the day of this judgment.

It shall be calculated on the basis of KRW 80,000.

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