(영문) 서울중앙지방법원 2019.4.26. 선고 2019고합129 판결

On March 28, 2016, the Defendant received KRW 260,000 from B to the bank account in the name of the Defendant at around 13:12 on the same day upon receipt of the request from B to receive KRW 2.60,000 from B. On the same day, the Defendant sent KRW 2.60,000 to E in the vehicle operated by the Defendant who was stopped near Gangnam-gu Seoul Metropolitan Government D, and arranged for the trade of marijuana between B and E in the vehicle operated by the Defendant who was stopped near the residence located in Gangnam-gu Seoul Metropolitan Government F. On the same day.

In addition, from the above date to March 30, 2018, the Defendant arranged for the trade of marijuana between E and B 17 times in total, as shown in the list of offenses (1) in attached Form 1.

2. Purchasing marijuana;

A. On April 6, 2018, the Defendant: (a) purchased KRW 650,00 as the purchase price for marijuana from E and purchased approximately 50,000,000 from E for about 6,50,000,000 from E within the vehicle operated by the Defendant, which was stopped in front of Heung-gu G, Young-gu, G, G, the residence of his residence; and (b) purchased approximately 5g of marijuana from E.

B. On April 27, 2018, the Defendant: (a) parked in the Defendant’s vehicle parked in front of the residence of the above E, and purchased approximately 1040,000 won for marijuana as the purchase price; and (b) purchased approximately 8g of marijuana from E from E for about 1040,000,000 won.

C. On May 5, 2018, around 25, the Defendant: (a) in the vehicle operated by the Defendant parked in the vicinity of Gangnam-gu Seoul Metropolitan Government, paid 1.17 million won for the purchase price for marijuana to E; and (b) purchased approximately 9g of marijuana from E for about 9g from E, for about 11.7 million won for marijuana.

3. Sale and receipt of marijuana;

On April 20, 2016, the Defendant: (a) laid off KRW 260,00 for the purchase price of marijuana from the bank account under the name of the Defendant; and (b) sold approximately 2gg of marijuana to H in the vehicle operated by the Defendant, stopping in the vicinity of the restaurant operated by H in Gangnam-gu Seoul, Seoul, for approximately 2g of marijuana to H, in the vehicle operated by the Defendant.

In addition, from the above date to May 18, 2018, the Defendant sold marijuana to H, etc. over six times, as shown in [Attachment 2] Nos. 1 to 3, 5, and 7, from the above date and time to May 18, 2018, and received marijuana free of charge to K, as described in [Attachment 4] No. 4.

4. Smoking in marijuana.

On May 21, 2018, the Defendant, who was parked in the L apartment M parking lot in the lower city, the residence of the Defendant, was smoking marijuana in such a way as to collect the marith of marijuana from the pipe made on the gambling day in the vehicle operated by the Defendant, which was parked in the Defendant’s dwelling.

5. Possession of marijuana;

At around 16:50 on May 26, 2018, the Defendant kept approximately 9.39gg of marijuana, which was contained by dividing it into 6 plastic bags, within the string line for vehicles operated by the Defendant, parked in Gangnam-gu Seoul N, Seoul. The Defendant possessed marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against K and H;

1. Each police suspect interrogation protocol for B, E, K, and H;

1. Protocols of seizure (Evidence Nos. 8) and list of seizure (Evidence Nos. 9);

1. A narcotics appraisal statement (the sequence 17, 18, 20 of the evidence list);

1. Each investigation report (including accessories 21, 22, 42) (including each accompanying material);

Application of Statutes

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

Articles 59(1)7 and 3 subparag. 7 of the former Narcotics Control Act (Amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply); Articles 61(1)6 and 4(1)2 (the point of receiving marijuana, the point of holding marijuana, the point of holding marijuana, and each choice of imprisonment) of the former Narcotics Control Act; Articles 61(1)4 and 3 subparag. 10 (a) (the point of smoking marijuana and the choice of imprisonment) of the former Narcotics Control Act (amended by Act No. 15481, Mar. 13, 2018)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 38(1)2, Article 50 of the Criminal Act, and Article 50 of the Criminal Act, among the concurrent crimes with the punishment prescribed in the Act on the Control of Narcotics, etc. (referring to the mariana) due to the sale 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. Probation and community service order;

Article 62-2 (1) and (2) (main sentence) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

【Grounds for Calculation of Additional Collection Amount】

16,053,00 won = 13,090 won + 1690,00 won + 7.80,00 won + 100,00 won + 3,00 won + 3,00 won.

(1) Mediation for the trade of marijuana listed in paragraph (1): 13090,000 won of the purchase price arranged.

(2) Purchase of marijuana listed in the holding Nos. 2-A and (b): 1.690,000 won of the purchase price.

(3) Purchase of marijuana as stated in paragraph (2) (c) of the judgment: It shall not be collected separately, as it is seized as it holds the purchased marijuana as described in paragraph (5).

(4) Sales of marijuana listed in the separate list of crimes (2)-1 through 3 in the holding of paragraph (3): 780,000 won in the purchase price.

(5) Acceptance and delivery of marijuana listed in paragraph (3) 4 of the holding Nos. 100,000 won (per retail per 1g)

6. From among the large-scale narcotics 4gs listed in the list of crimes (2) Nos. 5, 12g and 7 of the total amount of marijuana listed in the list of crimes (2) No. 5, 6 of the holding, 1g: Sales of marijuana purchased as described in the list of crimes No. 2-A and paragraph (b) of the holding, as long as the purchase price is collected,

(7) The remainder 3g of marijuana listed in paragraph (3) 7 No. 7 of the Judgment: 390,000 won of the purchase price.

(8) Smoking marijuana as described in paragraph (4) of the judgment: 3,000 won (per minute price).

(9) The possession of marijuana as stated in paragraph (5) of the judgment: No additional collection shall be made as it is entirely seized.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under law: 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 under Articles 1 and 2 (Violation of the Act on the Control of Narcotics, etc. ( marijuana);

[Determination of Type] 02. Sales mediation, etc. (Type 2 ), marijuana, native (b) and (c), etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with labor for one year to two years

(b) Scope of recommendations according to the standards for handling multiple crimes: One year to three years (the upper limit of the basic crime + the upper limit of the first crime + 1/2 of the upper limit of the second crime + 1/3 of the upper limit of the second crime);

3. Determination of sentence: Two years of imprisonment and three years of suspended sentence;

○ Unfavorable circumstances: Crimes related to narcotics, etc. are not easy to detect due to their characteristics, and are highly harmful to the society as well as the relevant individuals due to their halluity, toxicity, etc., and the crime of this case is committed several times to arrange the trade of marijuana and to buy and smoke, sell and possess marijuana, and there is a record of being sentenced to suspension of the execution of imprisonment with labor for the crime of smoking, although it has been ten years prior to the 10-year period.

The circumstances favorable to ○○: (a) the confession of the instant crime from the investigative agency to the instant crime; (b) the fact that there seems to have been divided his mistake; (c) the economic benefits accrued from the purchase and sale of marijuana among the instant crimes were relatively low; (d) the instant crime resulted in the occurrence of mental and symptoms such as depression and uneasiness; and (e) the instant crime was unable to overcome it properly in the process of pharmacologic treatment and psychological treatment; (b) there are circumstances to be taken into account; (c) the person who lives in a new life outside of the suspicion of narcotics, by receiving a loan from a medical institution for the purpose of receiving the treatment of narcotics, etc.; (d) the person who lives in a new life, and is showing the will to live in a normal social person; (e) the Defendant’s spouse and other persons, etc., are raising funds by obtaining a loan to pay the surcharge for the instant crime; (e) the Defendant’s birth and behavior will be improved between the Defendant’s life; and (e) there seems to be sufficient opportunity to improve his personality and behavior from the society, rather than the Defendant’s society.

In full view of the defendant's age, health, character and conduct, family relationship, motive and circumstance of the crime of this case, circumstances after the crime of this case, etc., various sentencing conditions stated in the records of this case shall be determined as ordered.