(영문) 서울중앙지방법원 2018.5.24. 선고 2018고합237 판결

0.89g (the remainder after being consumed for appraisal, No. 1.06g) of the hemp plants contained in the seized, plastic containers, approximately 0.4g (0.72g) of the hemp plants packed in the stores, approximately 0.4g (0.72g) of the hemp plants, any remainder after being consumed for appraisal, No. 2) of the hemp plants, one (Evidence No. 3) of the hemp stores (Evidence No. 3) of the hemp materials, and two (No. 4) of the marijuana inhales of plastic materials, shall be confiscated from the defendant.

35,986,80 won shall be additionally collected from the defendant.

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

Reasons

Criminal facts

1. Purchasing marijuana;

The defendant's name (one name â€˜D', â€˜D', â€˜D', â€˜D', â€˜D'), which was opened on the deep web, had a mind to purchase marijuana through E, which is the site of sales brokerage and intermediation of narcotics, which was operated by the defendant.

On August 23, 2017, around 19:18, the Defendant: (a) visited the said E site by a computer at the place of residence located in Busan, the Busan, the Busan, and around 803, decided to sell marijuana 3gs posted by the seller of marijuana; and (b) sent approximately KRW 2.05BC to the said D on the pretext of the price. On August 24, 2017, the Defendant: (c) purchased marijuana 3gs concealed in the area near Busan, the Busan, the Busan, and (d) purchased marijuana 27gs in total from the seller of the said G or 29gs on the basis of the price indicated in the attached list of crimes; and (d) purchased marijuana 29gs from the seller of the said G or 27gs on the aggregate of the price indicated in the attached list of crimes.

2. Smoking marijuana;

On February 20, 2018, the Defendant, at the toilets located in the preceding port, 0.12g of hemp materials, smoked in a way of smoking as soon as possible, by inserting approximately 0.12gs above the drinking water of plastic materials, and attaching fire.

3. Possession of marijuana;

On February 21, 2018, at around 23:15, the Defendant kept approximately 1.06gg of marijuana in a plastic box for smoking purposes, and possessed 1,78g of marijuana total in a cell by inserting it in a plastic package, and storing 0.72g of marijuana in a plastic package in a cell.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness J;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning K and G;

1. Seizure records;

1. Certificates of simplified test of reagents;

1. A written appraisal;

1. Each investigation report (the sequence 3, 5, 10, 14, 15 of the evidence list);

Application of Statutes

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

Each Narcotics Control Act (the point of purchase of marijuana), Article 59(1)7, Article 3 subparag. 7 (the point of purchase of marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) of the Narcotics Control Act (the point of smoking marijuana and imprisonment with labor), Article 61(1)4 (b), Article 3 subparag. 10 (b), and Article 61(1)4 (a), Article 3 subparag. 10 (b) of the Narcotics Control Act (the point of possession of marijuana for smoking, and

1. Aggravation for concurrent crimes;

The punishment provided for in the former part of Article 37, Article 38(1)2, Article 50, and Article 50 of the Criminal Act due to the purchase of approximately 42gs of marijuana in early July 2017, shall be aggravated for concurrent crimes of violation of the Act on the Control of Narcotics, etc. (the Act on the Control of Narcotics, etc.).

1. Suspension of execution;

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

1. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

Aggregate of the proviso to Article 67 of the Narcotics Control Act (based on the calculation of a surcharge): 35,986,800 won

○ Purchase of approximately 292g mariana under Paragraph (1) of the crime: 3,5970,000 won (=amount equivalent to the purchase price)

○ Smoking approximately 0.12g of marijuana of paragraph (2) of the crime: 16,80 won [=the amount equivalent to 0.12g of marijuana purchased by the Defendant through J around February 16, 2018 (=the amount equivalent to 2.80,000 won x 0.12g : 2g)]

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 45 years;

2. Scope of recommended sentences according to the application of the sentencing criteria: Imprisonment with prison labor for not less than one year but not more than two years and not more than nine months;

(a) Basic crime: Offense of violating the Act on the Control of Narcotics, etc. (marijuth) by purchasing marijuana;

[Determination of Types] Trade Mediation, etc. for Narcotics Form 2 (mariju, Do administration (b) and (c), etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor for not less than one year, but not more than two years;

(b) Class 1 concurrent crime: A crime of violating the Act on the Control of Narcotics, etc. due to the possession of marijuana for smoking or smoking.

[Determination of Types] No types 2 (ma), i.e., marijuana, natives, item (d) and (e) of narcotics) (a person specially punished) shall be administered.

[Recommendation and Scope of Recommendation] Basic Field, not less than 8 months but not more than 1 year and 6 months. Criteria for sentencing according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year but not more than two years and not more than 9 months (in two years of imprisonment with prison labor for a year which is the upper limit of the scope of punishment for basic crimes, not more than 1/2 of the upper limit of the scope of punishment for the first concurrent crimes): Decision of suspension of execution for one year.

A narcotics-related crime is likely to have a serious adverse effect on society as a whole, such as avoiding the body and mind of an individual as well as impairing the public health or inducing other crimes. Therefore, a criminal defendant needs to be punished corresponding to his/her liability. In particular, even though the number of times of purchase crimes and the amount of marijuana purchased, and the fact that he/she purchased and administered marijuana and psychotropic drugs on October 26, 2016, which was subject to a disposition of suspension of indictment on condition of completion of education at the Busan District Prosecutors' Office, the fact that he/she again committed the instant narcotics-related crime is disadvantageous to

However, the fact that the defendant appears to have purchased marijuana for the purpose of smoking with the sponsor, not with the purpose of distributing it in the city, is that he cooperates in the arrest of the co-offenders for a certain part, and is against the depth of his criminal act is favorable to

Other factors of sentencing, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, shall be determined as ordered in comprehensive consideration.