(영문) 서울중앙지방법원 2018.11.22. 선고 2018고합788 판결

Of the articles listed in the attached list seized, evidence Nos. 5-30, 33-36 shall be confiscated from the Defendant. KRW 8910,000 shall be collected from the Defendant.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, the Defendant was willing to sell psychotropic drugs, ls, MMA, marijuana, etc., at “B1, a specialized site for the sale of narcotics, etc., which is opened in a multi-line web.”

1. Cultivation of marijuana;

From early 2017, the Defendant assembled ice for cultivation in the Defendant’s residence in Gangnam-gu Seoul Building E, and installed a hemp lighting fixture, a string for air purification, a string container, a water tank of plastic materials, a string, etc., and cultivated marijuana for the purpose of sale as follows.

(a) Cultivation of marijuana for the purpose of sale and purchase as a lieutenant on November 2017;

On November 2017, the Defendant: (a) cut up two marijuana seeds purchased from the “C” of the Dac Web in the Dac Web; (b) cultivated 2 gyms up the hemp plants until the mid-2018, 2018, which he purchased from the “C” of the Dac Web; and (c) cultivated 2 gyms of the hemp plants.

(b) Cultivation of marijuana for the purpose of sale and purchase of patrolmen on June 2018.

On June 24, 2018, the Defendant: (a) displayed 30 marijuana seeds cultivated and harvested as above, as seen above, on the water, in a way that the Defendant released 16 marijuana seeds by leaving 3 days at a red spunching place; (b) cultivated the hemp plant until July 24, 2018 by transferring 16 grans to the spuningtos located within the said cultivation facility.

2. Manufacture and possession of marijuana;

(a) Manufacturing marijuana;

The Defendant searched Dac Web’s search engine manufacturing method from “F” to obtain relevant knowledge. On June 2018, 2018, the Defendant re-processed approximately 25 g of the hemp plants cultivated and harvested in the same manner as paragraph (1) at the residence of the Defendant, and then made a mixture of marijuana leaves and marijuana strings 2L for disinfection purposes, mixing them with string string string string 30 to 40 minutes in water, and then manufactured approximately 10 mll of the hemp day by heating approximately 30 to 40 minutes in water until Ething.

(b) Manufacturing of sea sights;

On June 2018, the Defendant manufactured approximately 35gs at sea by mixing the mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari-mari and mari-mari

On July 24, 2018, at around 11:35, the Defendant kept approximately 30.5 g of the sea-si, which was manufactured for the purpose of sale in the kitchen room at the residence of the above Defendant, in the Switzerland lease.

3. lsd and MMA revenues;

On April 2018, the Defendant: (a) sent an advertisement for the sale of narcotics to the effect that a person, whose name is not known in the category of drugs (DRUG) by accessing a dial web site in the form of forum, sells a liquid form of lsD in English; and (b) imported and sold them.

The defendant paid the price through the above person and the hosting H through the coding type, such as Zas2, and agreed to trade lsD 40 by international mail at a place designated by the defendant, and sent the amount of lsD 40 to the e-mail designated by the above person, and the above person sent lsD 50 to the Republic of Korea by stating that the above person's "the recipient: 1 water purpose: D building J: 50" as notified by the defendant.

On May 17, 2018, the letter-post items sent at ls 50, which are concealed, arrive at the Incheon Public Port by using the KS around 14:51 on May 17, 2018.

The Defendant, in collusion with other persons whose name was unknown by the foregoing method, imported ls totaling 91 ls and MaMA totaling 321 for profit from May 31, 2018, from that time to May 31, 2018, respectively, from that time in collusion with the following crime sight table (1).

List of Offenses (1)

A person shall be appointed.

4. Advertisement for sale of narcotics;

(a) Advertisements for the sale of marijuana;

On February 2, 2018, the Defendant cut approximately 50gs of hemps, which he manufactured and harvested, such as paragraph (1) of Article 1, for the purpose of sale on the Damb Web B site, and then cut up about 50gs of hemps (clocks) with a tobacco pen attached with approximately 0.5g of the said marijuana, and made up about 100 of marijuana tobacco (clocks), such as tobacco, on the paper, and advertised the sale of marijuana on the Internet for the purpose of selling it on the maribs of marijuana and the tidal wave in accordance with paragraph (2).

On March 12, 2018, at around 06:21, the Defendant posted a notice stating "...... km 1g (sap) = 33,6g (pac) = 33,6g(2k) = 50 on the following day at the time of deposit in advance at the time of communication." Accordingly, the Defendant advertised sales of marijuana using telecommunications. However, the Defendant advertised sales of lsD.

On June 29, 2018, at around 01:31, the Defendant posted a notice stating that “A” under the title of “4taba0taba0” = 5 pertaba, 11b = 5, 11 pertaba, 4, and 1 million won pertaba, and 1 million won or more per local area.”

Accordingly, the Defendant advertised the sale of lsD using telecommunication.

5. Sale of marijuana;

On April 27, 2018, the Defendant promised to deposit four marijuana tobacco in the form of "AB" into virtual currency, including 200,000 won, to sell them. On the other hand, the Defendant: (a) concealed the four (2g of the hemp early); (b) sold them by means of informing the buyer of the location thereof, and (c) sold approximately 80.5g of the hemp early 200,000 won in total at KRW 89,00,00,000,000,000,000,000,000,000,000,000 won; and (d) sold them by means of reporting the location thereof to the buyer and making it known; and (e) sold them to the buyer by KRW 12 times until June 29, 2018, as indicated in the list of crimes (2).

List of Offenses (2)

A person shall be appointed.

6. Smoking marijuana;

At around 22:00 on July 23, 2018, the Defendant smoked marijuana by inserting approximately 0.1g at the time of the year manufactured as set forth in paragraph 1-B, in a pipe form, in a smoking tool in the pipe form, and attaching a fire. The summary of the evidence is as follows.

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. A letter of authorization for the inspection of small and medium claims, seized articles, a written appraisal of the prosecution, and a written appraisal of hair;

1. one copy of the search and seizure site and photographs of seized articles, each record of search and seizure, list, quantity measurement and photograph of seized articles;

1. One copy of stored CDs, such as membership propy, drug sales and advertisement letters, one copy of the paper to be written on the website, one copy of the storage CDs, such as AJ warrant questioning and search records, one copy of the sales advertisement of narcotics, X on May 26, 29, one copy of the sales advertisement of narcotics, X on June 29, one copy of the advertisement of narcotics, etc., X on July 9, and one copy of the sales reply within the outer frid attached to the first protocol of examination of the prosecution against the Defendant, and one copy of the text file LST.x file output, which is stored in No. 3 (Overseas Had) of the seized articles;

1. A copy of 0.0.t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-t-type notices, 5. 12-12-t-t-t-t-t-t-t-t-t-type notices, each of their components analysis requests, and appraisal results (

1. Application of Acts and subordinate statutes concerning the monthly trend of narcotics;

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

Articles 59(1)11 and 4(1)2 (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Mar. 13, 2018; hereinafter the same shall apply), 59(1)7 and 3 subparag. 7 (a) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 15481, Sept. 14, 2018; hereinafter the same shall apply)

○ Articles 59(1)7 and 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (the possession of marijuana for the purpose of trade)

Articles 58(2) and 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the former Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the occupation of profit-making lsD revenue and choice of limited penalty)

Articles 58(2) and 58(1)6, 4(1)1, and 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc., and Article 30 of the Criminal Act (the fact that MMA imports are for profit-making purposes, and the choice of limited penalty)

○ Articles 62(1)3 and 3 subparag. 12 (a) and (b) of the former Act on the Control of Narcotics, Etc. (the occupation of advertisements for the sale of narcotics, etc. and the choice of imprisonment)

○ Articles 59(1)7 and 3 subparag. 7 of the former Act on the Control of Narcotics, Etc. (the point of trade in marijuana)

Article 61(1)4 and (a), and Article 3 subparag. 10 (a) of the former Act on the Control of Narcotics, Etc. (the point of smoking marijuana and the choice of imprisonment)

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 resulting from the violation of the Act on the Control of Narcotics, etc. (Psychotropicity) on the grounds of imprisonment and imprisonment with prison labor, which is the largest penalty and imprisonment with prison labor]

1. Discretionary mitigation;

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

1. Confiscation;

Article 48 (1) 1 (No. 10) of the Criminal Act, the main sentence of Article 67 of the Act on the Control of Narcotics, Etc. (Bas forfeited goods)

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. [Grounds for the calculation of additional charges]: 8910,000 won

○ Sales of marijuana: Total sales amount of 8.9 million won

○ 0.1g Smoking at 0.1g at the Navy (the monthly trend of narcotics, etc. on May 2018) judgment on the Defendant and defense counsel’s assertion

1. Summary of the assertion

Although all other facts charged are accepted, there was no fact that the defendant imported psychotropic drugs, such as ls and MMA, with respect to the importation of psychotropic drugs for profit, and even if the defendant imported psychotropic drugs, there was no profit-making purpose.

2. Determination

Comprehensively taking account of the following facts and circumstances acknowledged by evidence duly adopted and investigated by this court, the fact that the defendant imported ls and MMA four times for profit as stated in the facts charged is recognized. The argument of the defendant and the defense counsel is not accepted.

1) From May 17, 2018 to May 31, 2018, lsD or MDR was hidden at the 4 air mail arriving at the Incheon Airport. From May 17, 2018 to May 31, 2018, the above 4 air mail was discovered. From May 17, 2018 to the addressee and the purport of the above 4 air mail, Chapter 50 of the Incheon Airport's arrival lsDD 50 is Seoul Gangnam-gu D-gu building N-ho, Seoul, and Chapter 101 of the Incheon Airport MMA Ma 101, May 19, 2018, China-gu QMA Ra, Seoul, and Chapter 41 of the lsD 41, whose arrival at the Incheon Airport on May 31, 2018, both the Defendant's domicile and the neighboring building in Gangnam-gu, Seoul, and the neighboring building (Seoul J. Do).

2) In the O.tx file (the first generation on April 30, 2018, and the last correction on July 6, 2018) stored in the Defendant’s outer west, the following descriptions are accurately consistent with each other’s and the respective purposes, and ① descriptions are the same as those presumed to have been carried out in the purpose of the body of the recipient and the respective purposes, and only those presumed to have been carried out as narcotics, and there are other descriptions only in the recipient. The foregoing statement appears to have been recorded by the Defendant when he purchased and delivered ls and MMA abroad.

A person shall be appointed.

On the other hand, the defendant asserts that the above documentation files are written and copied on a multi-wel Web with his home address as it is. However, for the following reasons, the above argument of the defendant is difficult to believe it as it is.

① On July 30, 2018, the Defendant made a statement at the prosecutor’s office to the effect that it would be consistent with the order of the said document file, stating that “When he first appeared to be recorded in the said document file, I would like to have stated the contents of the order.” However, on August 3, 2018, the Prosecutor stated that “I would like to know about the details of the order,” “I would like to do so,” “I would like to know about the fact that I would like to do so,” “I would like to know about the fact that I would like to know about the fact,” “I would like to know about this file. I would like to know about the fact that I would like to know about the fact that I would like to know about how I prepared the document file, as well as whether I would like to know whether I prepared it. I would like to consistently state that I would like to keep their address from the prosecutor’s investigation to the web, and that I would like to consistently set up the document at the time when I would like to be 7088 days of the aforementioned document.

② Even if ar group attempted to engage in import transaction of narcotics using the Defendant’s address, etc., there is no reasonable ground to bring the content of the above number of copies into the Dak Web, and there was no objective data to support the Defendant’s assertion (in addition, there was no reason for the Defendant to duplicate and keep his address, etc. because it does not completely coincide with the Defendant’s address or domicile). In particular, the aforementioned document files also include Zipcode and talers necessary only at the time of delivery from overseas (i.e., the Defendant’s delivery of one of the two electronic mail (AO) listed in the document files. As such, the Defendant asserted that there was no reason for not receiving them at the time of delivery. However, in the case of the instant ls and MMA, the period of delivery after the arrival of the instant ls and MMA, which had been controlled delivered, has long been affected by the Defendant’s tracking, etc., and thus, there was sufficient reason for the Defendant to know that there was a problem of delivery through tracking over the future.

3) In the prosecution, the Defendant discovered that “the foreigner in the Dac Web sold LSD to the young young people at present,” along with the English text stating that “the necessary person who was selling LSD, so that he/she would cause contact,” and stated that he/she sent the h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h, which he/she attempted to import h h h h h h h h h h h h h h h h h h h h h h

4) On May 12, 2018, the Defendant made an advertisement to obtain and sell lsD as the title “OIL, BUD, JINT, LSD, and COKE” on the website (897 pages). On June 29, 2018, the Defendant added lsD sales advertising to lsD sales on the pre-existing advertisement with the content that ls will sell marijuana. On June 29, 2018.

With respect to the reasons why the Defendant posted the above ls sales advertisement, the Defendant asserted that the sales of lsV, “AV,” “SW,” raised an objection to the sales of ls, and posted such an advertisement in order to protect one’s “AW.” However, such assertion by the Defendant is difficult to obtain it by itself, and the Defendant made a statement at the prosecution to the effect that it is entirely different from “SD sales” in order to make it possible to make it difficult to obtain it by itself, and that the Defendant made a statement at all to the effect that lsV sales would take place so-called “ID sales” in order to stop back with narcotics (837 pages). Accordingly, the Defendant’s above assertion is difficult to believe.

5) As such, all of the circumstances, such as lsD and MMA revealed by the following: (a) the Defendant was living or adjacent building; (b) the Defendant was found to have a document file containing the aforementioned several purposes; and (c) the Defendant’s advertisement for lsD sales appears to be unreasonable doubt. Furthermore, in light of the fact that the above import activities were conducted repeatedly over four occasions within a limited period of time; (d) the Defendant actually sold marijuana several times; and (e) the Defendant was advertising for lsD sales, it is reasonable to deem that the Defendant imported ls and MMA for profit by selling it to many and unspecified persons.

1. The grounds for sentencing: Imprisonment with prison labor for not less than five years but not more than 22 years and not more than 6 months;

2. Scope of recommended sentences by applying the sentencing criteria: Imprisonment with prison labor for not less than seven years;

(a) Basic crimes and concurrent crimes: The crimes of violation of the Act on the Control of Narcotics, etc. (psychotropic Affairs) due to the importation of psychotropic drugs for profit: Three or more concurrent crimes. As such, the crimes of violation of the Act on the Control of Narcotics, etc. (psychotropic Affairs) due to the importation of psychotropic drugs for profit for the most severe criminal are basic crimes and concurrent crimes, respectively.

[Scope of Recommendation] Type 4 (Profit-making or Habitual Crimes) Basic Area (7 to 11 years) of Export/Import, etc.

【Special Convicted Person】

(b) The scope of final sentence due to the aggravation of multiple crimes: Imprisonment with prison labor for not less than seven years (limited to the lower limit of the scope of sentence in the sentencing criteria for crimes to which the sentencing criteria apply, since the sentencing criteria are not set for crimes of violation of the Act on the Control of Narcotics, etc. (fences by the sale

3. Determination of sentence: Six years of imprisonment;

The crimes related to narcotics, etc., are detrimental to national health, have a significant negative impact on the society as a whole due to their halluity and toxicity, etc., and require strict countermeasures due to their high risk of recidivism. The crime of this case is committed not only by the Defendant cultivating marijuana, but also by importing and selling psychotropic drugs for profit-making purposes, and also by importing and selling psychotropic drugs. Such circumstances are disadvantageous to the Defendant.

However, the amount of marijuana sold by the Defendant is not large, and imported psychotropic drugs have not been actually distributed. The Defendant’s age is the first offender and the first offender. Such circumstances are favorable to the Defendant.

In addition to the above circumstances, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing guidelines shall be set aside by deviating from the lower limit of the recommended sentence according to the sentencing guidelines and the sentence as ordered

Judges

The presiding judge, the highest judge;

Judges Ge-type money.

Judges Shin Jae-ho

Note tin

1) While 'C', which is well known as the specialized site for the sale of narcotics in the Dac Web, handles only marijuana, 'B' without distinguishing narcotics, flags, and marijuana.

(ii) Zcash is the codings representing anonymous together with the Monaro (XMR) and Mash (Dash).

Since the above 3-Accoin is mainly used for narcotics and cyber crimes, it is named as Daccoin. The transmission probability of bitcoin.

On the other hand, it is possible to confirm payment for about 2 minutes because it is specialized in the use of payment means and has been born for about 30 minutes by a person.

Even without undergoing a separate laundry process, it is impossible to track because transaction records can be detected, and recently narcotics offenders are representative codings.

Daccos more strengthened than one story of anonymous and payment means is used as a payment method for the purchase price of narcotics.

3) The term "kisss dragon" is one of the hemp plant varieties.