(영문) 서울중앙지방법원 2017.9.20. 선고 2017고합839 판결

16 each tamping paper with seized bricks (No. 2, the quantity consumed for appraisal) , 9 reticulating net (No. 6), 1 tamping tool (No. 8) connected with the decline in the shape of each and Stick shape shall be confiscated.

5,864,628 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 History Office

The defendant is not a person handling narcotics.

1. Import of narcotics;

The Defendant, along with C and D, remitted the price to E, a seller of narcotics, etc. who works in the LA, etc. in the U.S., and purchased narcotics, etc., such as MDMA (one name X-mail; hereinafter referred to as "EXP") psychotropic drugs, land transfer expenses (GHB; hereinafter referred to as "GHB"), and first call number containing marijuana ingredients (hereinafter referred to as "marib draft number"), and conspired to bring them into the Republic of Korea in the Republic of Korea through international mail.

A. According to the above public offering, on November 1, 2016, the above C orders the above E in the U.S. using SNS (SNS) such as 'F', 'G', and 'G', to the above E in the U.S., using the SNS. On the 16th day of the same month, the above D transferred KRW 31,50,000 to the post office account (I) in the H used by E, and paid the price. The Defendant: (a) at the residence located in Seongdong-gu Seoul Metropolitan Government J Apartment and 106 Dong 1703 on the second day of the same month, at the address located in Seongdong-gu Seoul, J Apartment and 106 Dong 1703, E concealed in the U.S. LA to the air of the above residence through the Incheon Airport; (b) approximately 15 U.S. x, GHBB-89 disease (180ml per disease); and (c) approximately 350m/C (hereinafter the same) x.

Accordingly, the Defendant imported psychotropic drugs and marijuana in collusion with C and D.

B. On December 2, 2016, the Defendant, along with C, ordered the EX-si, GHB, and marijuana first call number in the same manner as that of the said E in the same manner at the residence, such as the time unfluencing period, and around 22:51 of the same month, transferred KRW 2,580,00 to the post office account in the said H’s name, and around 14:15 of the same month, transferred KRW 468,000 in total to the same account at around 14:15 of the same month, and transferred KRW 3,000 to the said account. During the same month, the Defendant received KRW 15, GHB8,00,000, sent to the said residence through the method and route as in the preceding paragraph of the United States, and distributed KRW 30,00,000, in addition to C, CD and distributed it.

Accordingly, the Defendant imported psychotropic drugs and marijuana in collusion with C and D.

C. On December 21, 2016, at the same place of residence, such as the foregoing paragraph (a), the Defendant issued an order for marijuana call number with C along with C, and remitted KRW 1.670,000 to E with the account as indicated in the same paragraph, and received 30,000 from C the hemp number sent to the said place of residence through the same method and route as indicated in the same paragraph in the U.S. on the lower end of the same month.

Accordingly, the Defendant imported marijuana in collusion with C.

2. Points of medication of psychotropic drugs;

At around November 24, 2016, 22:00, the Defendant, along with C and K, administered psychotropic drugs at the place of residence as stated in Section 1’s (A), by mixing 'cherb’ with the main license in which GHB’s influent volume (4-5 cubic volume) imported as described in the same paragraph, as indicated in the same paragraph, was mixed with the main license contained in paper cups. By May 1, 2017, the Defendant administered psychotropic drugs at least nine times in total, as listed in Table 1 of the List of Offenses.

3. A point in the intake of marijuana;

A. At around 06:00 on November 27, 2016, the Defendant, together with C, D, K, L, and M, opened a 'cherous' drug wave at the place of residence indicated in paragraph (1) of the same Article, and taken in in each of the breaths imported, such as as written in the same paragraph, in a breath of the hemp imported, in the same manner as in attached Table 2, until December 26, 200 of the same year, and taken in marijuana in the same manner as six persons in total.

B. On January 10, 2017, at the place of residence indicated in paragraph (a) of Article 1, the Defendant taken one marith of the hemp draft purchased, such as the description in the same paragraph, in the same manner as the foregoing paragraph.

4. The occupation of trade, smoking and possession of marijuana;

(a) The point of trade of marijuana;

1) On March 17, 2017, the Defendant, along with N in a de facto marital relationship with the place of residence listed in paragraph (a) of Article 1, sent a letter to N in the name of "O, a sales site of narcotics, which is opened and operated on the deep web1, to enter the name of N in the name of N, and posted a letter on the bulletin board, which wishes to purchase the hemp or its resin, and reported it to the name-free seller (i.e., Idd'P) and the Navy trading with N in a non-ccoin account designated by the Defendant, through Q, N in a non-cocoin account designated by the Defendant, and then paid the price by transferring the price to the non-coin amount ( approximately KRW 400,000,000,000,000,000) through Q, and then discovered the price to be known to the above non-named three (3) g., May g., 18, 2015.

Accordingly, the defendant purchased marijuana in collusion with N, respectively.

2) On May 1, 2017, the Defendant: (a) conspiredd to jointly purchase the Si of the Si of the Gu of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Gu of the Si of the Si of the Si of the Gu of the Si of the Gu of the Si of the Gu of the Si of the Gu of the Si of the Gu of the Gu of the Si of the Gu of the Gu of the Gu of the Gu of the Gu of the Gu of the Gu of the

Accordingly, the defendant purchased marijuana in collusion with D or N.

(b) Points of smoking marijuana;

At around 20:00 on March 18, 2017, the Defendant smoked in the same way seven times in total until July 24, 2010, as indicated in the attached Table 4, by inserting approximately 0.1g (scale of rice seeers) at the time of purchase as described in paragraph 1(a) of the above A, into pipes made of a booming paper, and inserting a smoke with a fire into a cro and a crop., and smoking in the same manner until July 24, 2000 of the same year.

(c)the point of holding marijuana;

On July 24, 2017, around 16:00, the Defendant purchased the same as the above paragraph (a) and stored approximately 3.24 g of a city in a vinyl bomb, which remains after smoking, on July 24, 2017, on the table of a ward.

Accordingly, the defendant possessed marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on N or D;

1. Records of seizure, list of seized articles and photographs of each police station;

1. Each ACCUSIGN inspection deadline and certification, reports on the results of the Preliminary Test for narcotics, each narcotics appraisal report, and each narcotics appraisal report;

1. The details of each deposit and withdrawal transaction, the telephone content response analysis and analysis, each T telephone call, one copy of the details of narcotics stored in a suspect A mobile phone, a bitco photographic photographic, X-mailic photo, the details of purchase, and a photographic picture of the details of transactions;

Application of Statutes

1. Article applicable to criminal facts;

Articles 58 (1) 5 and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Articles 58 (1) 6, 4 (1) 1, and 2 subparag. 3 (b) of the Narcotics Control Act, Article 30 of the Criminal Act, Articles 60 (1) 3, 4 (1) 1, and 2 subparag. 3 (d) of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61 (1) 5, and Article 4 (1) 3 (d) of the Criminal Act, Article 61 (1) 1, and 2 subparag. 3 (d) of the Narcotics Control Act, Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparag. 1, and Article 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc., Article 60 (1) 3 (a) of the Act on the Control of Narcotic Drugs, Etc., Article 60 (1) 7 (1) of the Act, Article 30 (1) 7 (b) of the Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment provided for in the provisions of the Act on the Control of Narcotics, etc. (fence) and the violation of the Act on the Control of Narcotics, etc. (fence) and between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control

1. Selection of punishment;

Each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavotion), and violation of the Act on the Control of Narcotics, etc. (flavotion) due to the import of X posters, shall be punished by imprisonment for each limited term, GHB, and X-how medication, and imprisonment for each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavotion) due to the consumption of marijuana, smoking and possession

1. Aggravation for concurrent crimes;

The aggravated punishment provided for in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, and Article 1-2(2) of the Act on the Control of Narcotics, Etc. (the aggravated punishment provided for in the Act on the Control of Narcotics, etc.) due to the import of an X-gu as provided for in

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

[Calculation of Surcharge] 5,864,628 won in total

○ No. 1-A, (b) : X-si, GHB, and marith purchase price of 2,06,00 won [the sum = 6,198,000 won (the Defendant, C, and D share purchase price)];

○ Claim 1-C: 1,670,000 won for the purchase price for marijuana

○ Paragraph 4-A of the holding: The purchase price of KRW 2,090,00 at the time limit (= approximately KRW 3.5g at the time limit of March 17, 2017 + KRW 400,000 among the purchase price of approximately 6g at the time limit of May 2, 2017 + KRW 270,000 among the purchase price of KRW 3.5g at the time limit of June 5, 2017 + KRW 3.50,000 + approximately KRW 3.5g at the time limit of June 22, 2017 + KRW 490,000 at the time limit of KRW 3.5g at the time limit of June 22, 2017 + KRW 3.5g at the time limit of 3.5g at the time limit of July 6, 2017; KRW 3.5g at the time limit of KRW 308,5.27.3g.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for not less than two years and six months, but not less than twenty years and six months; and

2. Non-application of the sentencing criteria (trade between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the violation of the Act on the Control of Narcotics, etc. (e.g., marijuana) on the grounds of X posters as referred to in paragraph (1) of this Article and GHB imports, and between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and the crimes of violation of the Act on the Control of Narcotics, etc. (ma

Sentencing does not apply to each commercial competition relationship.

3. Determination of sentence: Imprisonment with prison labor for three years, suspended execution for four years, and crimes related to narcotics, etc., are not easy to detect due to their unique characteristics, and may cause harm to the public health or another crime, and thus may cause social harm, and thus, are disadvantageous to the defendant. The defendant imported narcotics, such as marijuana and X-how, and administered or smoked them together with his figures. The defendant seems to have no intention to distribute narcotics, etc. imported by the defendant in Korea, and the defendant has no history of punishment for the same crime related to narcotics, etc., the defendant seems to have no history of punishment for the same crime related to his accomplice, and the defendant needs continuous observation and treatment in favor of the defendant.

In addition, the defendant's age, occupation, character and conduct, family relationship, the circumstances and results of the crime of this case, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, shall be comprehensively considered as ordered.

Judges

The senior judge of the presiding judge;

Judges Shin Sung-sung

Judges Kim Gin-ho

Note tin

1) The term “deep Web” refers to the Internet space that is not connected or searched as a general search engine, and it is possible to search for access only with a special program or a slaber (one-name “Tor, etc.”).