(영문) 서울중앙지방법원 2018.8.16. 선고 2018고합646 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. The defendant shall be ordered to take a 40-hour pharmacologic course. 300,000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Reasons

Criminal facts

No person shall trade or smoke marijuana.

1. In October 2016, the Defendant purchased marijuana by paying 200,000 won to the Buddhist club in Yongsan-gu Seoul, Yongsan-gu, Seoul. 2. On the date, time, place, and place indicated in the foregoing paragraph 1, the Defendant smoked marijuana in a manner that inhales it in pipes.

3. On October 2016, the Defendant smoked marijuana in a manner of raising the bM passenger car of F, F, and H, which was stopped in and near Gangnam-gu Seoul, on the hemp inhaled machine made of Aluminum aluminium, with the f, H, and then in a manner of inhaleing marijuana by attaching a fire to each other.

4. Around May 6, 2017, the Defendant purchased marijuana by paying 100,000 won to the needy person at the place specified in the foregoing paragraph (1).

5. The Defendant smoked marijuana at the date, time, place, and at the same time, in such a manner as to contain and inhale the marith of marijuana purchased, as stated in the foregoing paragraph 4. The summary of the steam.

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of examination of the suspect to the prosecution against F, I, H, and J;

1. Investigation report (attached to the judgment of F, I, and J);

1. Each narcotics appraisal statement (No. 25, 26 No. 5 of the evidence list);

1. Copy of the judgment (Seoul Central District Court Decision 2017Gohap698); and

Application of Statutes

1. Article applicable to criminal facts;

Articles 59(1)7 and 3 subparag. 7 of the Narcotics Control Act (the point of trade in marijuana), Article 61(1)4 (a), and Article 3 subparag. 10 (a) (the point of the smoking in marijuana as set forth in paragraphs (2) and (5) of the Act on the Control of Narcotics, Etc.) of the same Act, Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act, Article 30 (the point of trade in marijuana as set forth in paragraph (3) of the same Article, and the choice of imprisonment) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act and Article 50 (1) of the Judgment with the largest holding that the punishment is concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (mathic)

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 consideration of favorable circumstances among the reasons for sentencing):

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. [300,000 won in total of the sales proceeds for marijuana as provided for in paragraphs (1) and (4) of the same Article]

Article 334(1) of the Criminal Procedure Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor for up to six months from June 22

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violating the Act on the Control of Narcotics, etc. (mariana) in paragraph (1);

[Determination of Types] Trade good offices, etc.

[Special Mitigation] Purchasing or receiving for simple possession of medication

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Mitigations)

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (mariana).

[Determination of Types] Trade assistance, etc.

[Special Mitigation] Purchasing or receiving for simple possession of medication

[Scope of Recommendation] From 8th to 1th 6th 6th 200. The crime of violation of the Act on the Control of Narcotics, Etc. (math math math math)

[Determination of Punishment] From 8 months to 1 year and 6 months (Basic Area)

[Scope of Recommendation] Simple Possession, etc. of medication Form 2 (ma) d. The final sentence scope due to the aggravation of multiple offenses: Imprisonment of 8 months to 2 years.

3. Determination of sentence;

In light of the characteristics of narcotics-related crimes, the risk of recidivism is high, as well as the risk of recidivism is highly harmful to not only the individuals concerned but also the society as a whole due to their decliability, toxicity, etc., its illegality and possibility of criticism are high. The Defendant traded and smoke marijuana over several occasions. Considering the above circumstances, the Defendant’s liability for the crime is not easy.

However, the Defendant is the first offender. The Defendant did not repeat the instant crime by reflecting the instant crime and completing education provided by the Korean Association Against Drug Abuse, etc. The purchase of marijuana is limited to medication and does not intend to distribute it. It seems that the purchase of marijuana is intended only for administration, and the father of both nests seems to have relatively clear social relationship with his father.

In addition, the motive, means and result of the crime, the circumstances after the crime was committed, the age, character and conduct, environment, and family relationship of the defendant as stated in the arguments in this case shall be considered and the punishment is determined as ordered.