(영문) 서울중앙지방법원 2017.8.24. 선고 2017고합698 판결

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Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

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(영문) 서울중앙지방법원 2017.8.24. 선고 2017고합698 판결

마약류관리에관한법률위반(대마)

Cases

2017Gohap698 Violation of the Act on the Control of Narcotics, etc. (marijuana)

Defendant

1. A;

2. B

3. C.

4. D;

Prosecutor

Kim Chang-seop (Lawsuit), Kim Jung-il (Trial)

Defense Counsel

Attorney E, F (for Defendant A)

Law Firm G (Defendant B, C)

Attorney H, I

Attorney J (Korean Tribunal for Defendant D)

Imposition of Judgment

August 24, 2017

Text

Defendant A shall be punished by imprisonment for one year, by imprisonment for 10 months, by imprisonment for Defendant B and C, and by imprisonment for 8 months, respectively.

However, from the date this judgment became final and conclusive, the execution of each of the above punishment against Defendant A for three years, Defendant B, C, and D shall be suspended for two years.

To order the defendant A to be put on probation.

Defendant B, C, and D order each of the 40-hour drug therapy to take 40-hour drug therapy.

Seized evidence Nos. 1 through 4, and 9 shall be confiscated from Defendant B.

jointly with Defendant B, C, and D, KRW 3,00,00, KRW 1,400,000, KRW 3,000, KRW 1,727,000, KRW 300 from Defendant A, KRW 300,00 from Defendant B, and KRW 6,00 from Defendant D shall be collected respectively.

To order the Defendants to pay an amount equivalent to the above additional charges.

Reasons

Criminal History Office

1. Defendant A

(a) Sale of marijuana around 2016, 200;

On February 2, 2016, the Defendant received 30,000 won from 521, K Apartment-si, Kimpo-si, from B around the 521-dong, and, in return, sent B the math of hemp (the degree of his fingers) to B.

Accordingly, the Defendant traded marijuana.

(b) Sale of marijuana from January 22, 2017;

On January 22, 2017, at around 20:00, the Defendant received KRW 700,000 from B at the same place as that described in paragraph 1(a) and, in return, sent to B the marith of marijuana (the marith of hand).

Accordingly, the Defendant traded marijuana.

On October 4, 2017, at around 22:00, the Defendant received KRW 700,000 from B at the same place as described in paragraph 1(a) and, in return, sent to B the math of hemp (the math of hand).

Accordingly, the Defendant traded marijuana.

(d) Possession of marijuana from April 18, 2017;

On April 18, 2017, at around 20:0, the Defendant included approximately 0.54g of marijuana in a vinyl paper at the same place as described in paragraph 1(a).

Accordingly, the defendant possessed marijuana even though he is not a narcotics handler.

2. Joint crimes committed by Defendants B, C, and D

On October 20, 2016, at the end of 20:00, Defendants 2 kept on the side of the 'M Postnatal Care Center' located in Gangnam-gu Seoul Metropolitan City L, and breathed on the hemp inhaled machine made up of Aluminum aluminium in the NMW car.

Accordingly, the Defendants conspired to smoke marijuana.

3. Joint crimes committed by Defendants B and C

(a) Purchasing and smoking marijuana from January 22, 2017;

On January 22, 2017, at around 20:00, the Defendants conspired to smoke after purchasing marijuana, and at the same place as indicated in paragraph (a) of Article 1, at around 700,000 won, including the Defendant B’s own money of KRW 400,000 and KRW 300,000,000,000 received from Defendant C, and as a result, received the math of marijuana in return.

After 21:00 on the same day, the Defendants dump and dump the dump of marijuana among marijuana purchased in the OBW car owned by the Defendant C, which was parked on the roads near the KG apartment in Kimpo-si, by inserting the dump of marijuana into the inhalers made by Alumin aluminium sump sump sump.

Accordingly, the Defendants conspired to sell, sell, or smoke marijuana.

(b) Purchasing marijuana from April 10, 2017;

At around 20:00 on April 10, 2017, the Defendants conspired to purchase marijuana, and around 521, the K Apartment 521-dong, as indicated in paragraph (1) of Article 1, Defendant B received KRW 70,000 from Defendant C, in return, and divided it by dividing it.

Accordingly, the Defendants conspired to sell and sell marijuana.

4. Joint criminal conduct by Defendant B and Defendant D

On December 22, 2015, the Defendants dump, who parked on the P apartment near the Seodaemun-gu Seoul Metropolitan Government P apartment at around 22:00, in Defendant B’s passenger car, dump dump with the inhaled machine made by using Aluminum sumpo, with the flaf attached with the flaf, and dump.

Accordingly, the Defendants conspired to smoke marijuana.

5. Defendant B’s sole crime

(a) the purchase of marijuana around February 2016;

around February 2016, the Defendant provided KRW 300,00 to A at the same place as described in paragraph 1(a) and received, in return, the amount of mathic mathic mathic mathic (mathic mathic mathic mathic).

Accordingly, the Defendant traded marijuana.

(b) Smoking marijuana in April 10, 2017;

On April 10, 2017, the Defendant, at around 22:00, b2:00, dump alcohols by inserting the dump, among marijuana purchased as described in paragraph 3(b) in the Defendant’s residence, into the inhaled machine made of Alumin aluminium sumphy, and attaching the dump to it.

Accordingly, the Defendant smoked marijuana.

On April 11, 2017, at around 20:00) No. 5(b), the Defendant dump the dump of the hemp that he purchased, as described in paragraph 3(b), into the inhaled machine made of Aluminum aluminium in the dwelling of the Defendant, and dump the dump of the dump.

Accordingly, the Defendant smoked marijuana.

6. Defendant C’s sole crime

(a) Smoking marijuana in January 22, 2017;

around 22:00 on January 22, 2017, the Defendant, within the Defendant’s OBW car parked in an underground parking lot with 814 Dong-dong, Gangnam-gu, Seoul, YMW car, as described in paragraph 3(a), dye the dye by inserting the dye quantity of marijuana, which was purchased in a inhaled machine made by the alzye aluminium shot.

Accordingly, the Defendant smoked marijuana.

(b) Smoking marijuana on February 2017.

On February 2, 2017, at the beginning of 01:00, the Defendant dump the dump of the marijuana purchased at the same place as the entry in paragraph 3(a), and dump of it into the inhalers made of Aluminium aluminium, and dump of it with a fire attached thereto.

On April 10, 2017, at around 22:00, the Defendant dump the dump in the inhaled machine made of Aluminum aluminium, as described in paragraph 3(b) at the same place as that stated in paragraph 6(a).

Accordingly, the Defendant smoked marijuana.

7. The sole crime committed by Defendant D

A. On January 2017, the Defendant snife marijuana smoking in the middle of 20:0 in the order of 20:0 in the middle of January 2017, 2017, the Defendant snife in the inhaled machine made by the Defendant, who parked in front of 102 S apartment of Gangdong-gu Seoul Metropolitan Government, into the inhaled machine made by the Alumin aluminium snife, and dnife

Accordingly, the Defendant smoked marijuana.

(b) Smoking marijuana in April 20, 2017;

The Defendant, at around 23:00 on April 20, 2017, dump, in the same place as the statement of paragraph (a) of Article 7, dump, put the dump of marijuana into the inhaled machine made of alumin aluminium sump sump, and dump

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. A response to each request for appraisal, each narcotics appraisal report (Evidence List 7, 8, 13, 14, 40);

Application of Statutes

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

(a) Defendant A: Articles 59(1)7 and 3 subparag. 9 (a) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 14019, Feb. 3, 2016; hereinafter the same shall apply), Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act (the trade of marijuana around February 2016); Articles 61(1)6 and 4(1)2 of the Narcotics Control Act (the trade of marijuana as of January 22, 2017 and April 10, 2017)

(b) Defendant B: Articles 59(1)7, 3 subparag. 9 (the point of trade of marijuana around February 2016), 59(1)7, and 3 subparag. 7 of the former Narcotics Control Act, Article 30 of the Criminal Act (the point of trade of marijuana on January 22, 2017 and April 10, 2017) (Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the former Narcotics Control Act, Article 30 of the Criminal Act (the point of trade of marijuana as of April 10, 201), Articles 61(1)4 and 3 subparag. 10 (the point of trade of marijuana as of the end of December 2015), Articles 31(1)4 (a) and 30 (a) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act, Article 10 subparag. 10 (a) of the Act on the Control of Smoking and Management of Narcotics, etc.

(c) Defendant C: Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (the point of trade of marijuana on January 22, 2017 and April 10, 2017), Articles 61(1)4(a) and 3 subparag. 10(a) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the end of October 22, 2016; the point of smoking of marijuana around January 22, 2017; the choice of imprisonment) of the Act on the Control of Narcotics, Etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (the point of trade of marijuana)

(d) Defendant D: Articles 61(1)4 (a) and 3 subparag. 10 (a) of the former Narcotics Control Act, Article 30 of the Criminal Act (the point of smoking marijuana at the end of December, 2015, the choice of imprisonment), Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 of the Criminal Act (the point of smoking marijuana at the end of October 2016, the choice of imprisonment), Article 61(1)4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., and Article 61(1)4 and subparagraph 10 (a) of Article 3 of the former Narcotics Control Act (the first order of January 2017, the point of smoking marijuana on April 20, 2017

1. Aggravation for concurrent crimes;

(a) Defendant A: The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the punishment provided for in the Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, Etc.) due to the sale of marijuana on April 10, 2017, shall be aggravated;

(b) Defendant B: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to the purchase of marijuana on April 10, 2017,

(c) Defendant C: the former part of Article 37, Articles 38(1)2, and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, Etc. (the Act on the Control of Narcotics, etc.) due to the purchase of marijuana on April 10, 2017)

(d) Defendant D: the former part of Article 37, Articles 38(1)2, and 50 of the Criminal Act (an aggravated punishment for concurrent crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.) due to smoking in marijuana on April 20, 2017),

1. Discretionary mitigation;

Defendant B and C: Each of the Articles 53 and 55(1)3 of the Criminal Code (The following consideration of favorable circumstances among the reasons for sentencing)

1. Suspension of execution;

Article 62(1) of each Criminal Code (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation;

Defendant A: Article 62-2(1) of the Criminal Act

1. Order to attend lectures;

Defendant B, C, and D: Article 62-2(1) of the Criminal Code

1. Confiscation;

Defendant B: the main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

○ Joint Defendant B, C, and D: 3,000 won

(1) Cannabis as described in paragraph (2) x 3,00 won per minute 2)

○ jointly with Defendant B and C: 1,400,000 won

- Total purchase price of marijuana as described in paragraph 3 of the ruling

○ Joint Defendant B and D: 3,000 won

- The marijuries listed in paragraph 4 of the holding x 3,000 won per minute;

○ Defendant A: Total of KRW 1,727,000

- 1,700,000 won in total for the sale of marijuana as described in paragraph 1(a) to (c) of the holding

- 0.54 g marijuana 0.54 gram X 1 = 50,000 won per gram as described in paragraph (d) of the holding 1 = 27,000 won

Defendant B: 300,000 won

-the purchase price for marijuana as described in paragraph 5(a) of the holding

○ Defendant D: 6,000 won

- Cannabis 2. X 1 minute 3,000 won per 1 minute, as described in paragraph 7 of the holding;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A: Imprisonment with prison labor for one year to 45 years;

B. Defendant B and C: Imprisonment for each of June to June 22.

(b) Defendant D: Imprisonment of one month to seven years;

2. Scope of recommendations according to the sentencing criteria;

A. Defendant A

1) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (mariana) by selling marijuana on April 10, 2017, as indicated in its holding.

[Determination of Types] The Group of Narcotics Crimes, Trade Mediation, etc., and Type 2 (mariju, matrieb (b) and (c).)

【Special Convicted Person】

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

2) Concurrent Crimes 1: A violation of the Act on the Control of Narcotics, etc. (mariana) by selling marijuana on January 22, 2017, as indicated in its holding.

[Determination of Types] The Group of Narcotics Crimes, Trade Mediation, etc., and Type 2 (mariju, matrieb (b) and (c).)

【Special Convicted Person】

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

3) Concurrent Crimes 2: A crime of violation of the Act on the Control of Narcotics, etc. (mariana) by selling marijuana around February 2016 as indicated in its holding.

[Determination of Types] Narcotics Criminal Group, Trade, Mediation, etc., Type 2 (mariju, fab. (b) and (c).)

【Special Convicted Person】

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

4) The range of recommended sentences based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of one year to three years;

B. Defendant B

1) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (mariana) by smoking marijuana on April 11, 2017, as indicated in its holding.

[Determination of Types] Narcotics Criminal Group, Medication, Simple Possession, etc., Two Types (marijus, flaps (d) and (e), etc.)

【Special Convicted Person】