(영문) 서울중앙지방법원 2018.6.22. 선고 2018고합331 판결

The seized chrop (Evidence No. 10), electronic kerl (Evidence No. 11), two transparent vinyl bags (Evidence No. 12, 13) used for the sale of narcotics, and two color frop containing marijuana (Evidence No. 17, 18) shall be confiscated.

9,719,00 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

“2018 Gohap31

Despite the fact that the Defendant is not a narcotics handler, the Defendant used the SNS ‘SNS Security MaE’, and dealt with ls, MMA (hereinafter referred to as 'EXP'), Kenya, and marijuana as follows.

1. Trading, receipt, and medication, such as lsD, X-gu and Kenya;

Defendant

A. From around 502, Gangnam-gu, Seoul, the Defendant’s residence from February 20, 2018 to 20:00,000 won per 80,000 won in total, from G, around 502, the Defendant’s residence;

B. A. At the time of the above paragraph (a) around Seoul, Gangnam-gu H 402, selling lsD 10,000 won per head to I in total at KRW 100,000 per head, respectively. On March 2018, 2018, at the first half of the above defendant’s residence, lshovasty (ordinaryly 0.5g, per heading into and out of 0.5gs); and

D. On March 9, 2018, G purchased lsD 21 from G in total amount of KRW 1.68,00,000 per heading, KRW 1.4g, KRW 5,40,000,000 per heading, and KRW 5,000,000, KRW 1.4g of Kenya. E. at around the time of the above paragraph (d) above, the lsD 21 purchased from G was delivered to I and sold from the account under the name of the Defendant to the agricultural bank account under the name of the Defendant at around 04:45 on the same day, and transferred KRW 1.4g of ls D 1,660,00 in cash from the account under the name of the Defendant;

F. From March 9, 2018 to March 12, 2018, after delivery of about 10g of marijuana to G in front of the said Defendant’s residence, and in return, delivery of approximately 14g of lsD 14,000 won from G; approximately 1.4g of Kenya; and KRW 480,000,000 for X-si; respectively, purchased ls and X-si in exchange for lsD and marijuana; and purchased Kenya and X-si;

G. From March 12, 2018, around 24:00, to a male (SNS DIDM) on his/her name in front of his/her residence (SNS DIDM) on the street in front of the above Defendant’s residence, sales of the X posters at KRW 5.40,00;

H. Around March 13, 2018, around 16:53, 2018, P sold 20,000 won of lsD purchased in front of 'O' restaurant located in Gangnam-gu Seoul N. on the street.

2. Trading, receipt, or attempted trading of marijuana;

(a) Trade in marijuana;

On January 21, 2018, around 21:00, the Defendant sold approximately 1g of marijuana to 1.50,000 won to Q Q A, Gangnam-gu Seoul, and sold approximately 28g of marijuana in total over 14 times from around that time to March 12, 2018, as shown in attached Table 1, to 3.58 billion won.

(b) Acceptance of marijuana;

Defendant

1) At no later than 20:00 on July 2017, deliver and receive 0.3g of marijuana from R free of charge at a mutually French restaurant located in Gangnam-gu Seoul Metropolitan Government;

2) On February 22, 2018, around 20:00, Gangnam-gu Seoul Metropolitan Government H 402, delivered and received approximately 0.3g of marijuana to R free of charge.

On March 13, 2018, at around 19:05, the Defendant attempted to sell approximately 3.9,000 g of marijuana to P in front of the above 'O' restaurant, but did not arrest the police officer in charge of narcotics investigation in the metropolitan police agency, Seoul, but did not commit an attempted crime.

3. Safekeeping and management of narcotics;

On March 13, 2018, at around 19:15, the Defendant kept and managed three transparent vinyl packaging containing approximately 0.97g, 0.96g, 0.97g, and 0.97g, respectively, in the Defendant’s residence, 2 of transparent vinyl packaging containing approximately 0.71g, 0,62g, respectively, and 12.5g, marijuana.

2018Gohap392

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated the psychotropic drugs with the Kenya as follows:

1. Purchase of Kenyas;

At around 23:00 on October 2017, the Defendant purchased approximately KRW 1g of 350,000 from T in 20,000 to T driving which was stopped on the front side of the Gangnam-gu Seoul S building, and purchased approximately KRW 1g from T in Vinyl chloride.

2. Sale of marijuana;

Defendant

(a) sell approximately 1 20,000 g of hemp to T in the above-mentioned vehicle parked at the above-mentioned location on October 2017;

B. On November 201, 2017, around 23:00, T sold approximately KRW 1g of marijuana to 1.20,000. Summary of the evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning T;

1. Each police statement made to U, P, G, R, and I;

1. Each police seizure record and the list of seizure;

1. Each investigation report (including attached data), Nos. 15, 16, 18, 33, and 55, and Nos. 5 and 7, of the evidence lists of 2018 Gohap331, and 2018 Gohap392, respectively (including attached data);

1. Photographs photographs, I mobile phone photographs, G mobile phones, and the details of telephone conversations;

Application of Statutes

1. Article applicable to criminal facts;

Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3(a) of the Narcotics Control Act (the point of purchase, sale, and receipt of lsD), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the point of administering, selling, purchasing, and keeping Kenya, and the point of purchasing and selling EXP) of the Act on the Control of Narcotics, etc., Articles 58(1)3, 3 subparag. 7 and 59(1)7 of the Act on the Control of Narcotics, etc. (the point of selling and attempted sale of marijuana) of the Act on the Control of Narcotics, etc., Articles 61(1)6, and 4(1)2 (the point of receiving and keeping marijuana, etc.) of the Act on the Control of Narcotics, etc., Article 59(1)5, Article 3 subparag. 3(a) of the Act on the Control of Narcotics, etc. (the point of keeping lss) of Article 3(a)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment for violation of the Act on the Control of Narcotics, etc. by exchanging and receiving ls and marijuana) and the punishment for violation of the Act on the Control of Narcotics, etc. (the psychotropic), the punishment for violation of the Act on the Control of Narcotics, etc. (the psychotropic), the punishment for violation of the Act on the Control of Narcotics, etc., the punishment for violation of the Act on the Control of Narcotics, etc., the punishment for violation of the Act on the Control of Narcotics, etc., the punishment for violation of the Act on the Control of Narcotics, etc., the punishment for violation of the Act on the Control of Narcotics, etc., which is the largest ls

1. Selection of punishment;

In relation to the violation of the Act on the Control of Narcotics, etc. (flavotion) due to the purchase, sale, or giving or receiving of lsD, imprisonment with labor for the limited term of imprisonment, for the medication, purchase, sale, and storage of Kenya, for the violation of the Act on the Control of Narcotics, etc. (flavotion) due to the purchase and sale of EXP, for the violation of the Act on the Control

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to Sale of lsD 21st, which is the largest penalty and penalty)

1. Discretionary mitigation;

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

1. Confiscation;

Article 67 (1) of the Narcotics Control Act)

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (the basis for calculating a surcharge shall be as shown in attached Form 2)

1. Order of provisional payment;

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

2. Non-application of the sentencing criteria: 2) since there is a crime of conceptual competition, the sentencing criteria do not apply.

3. According to the decision of sentence, the crime of this case was committed in Gangnam-gu by the Defendant purchased various narcotics, such as lsD, Kenya, X-picker, and marijuana, and distributed in the market by selling them several times to the surrounding persons, including kys, and some of the Kenyas have been administered by themselves. In light of the type and quantity of narcotics handled by the Defendant, the method and frequency of the crime, and the harm and harm of the crime of narcotics to the general public in society, and in particular, it is inevitable to sentence sentence for a considerable period of time when considering the fact that the Defendant was sentenced to a fine for the same kind of crime and not more than one year has passed since it reached the crime of this

However, there are more favorable circumstances such as that the Defendant limited the scope of distribution of narcotics, etc., and actively cooperates in the arrest of lsD and marijus (so called 's trade and disembarkation').

In addition, the defendant's age, character, conduct and environment, motive and consequence of the crime, circumstances after the crime, etc., and various circumstances shown in the pleading shall be determined the same as the order.

Judges

The presiding judge and judges;

Judges Kim Young-ho

Judgment of the Prosecutor

Attached Form

[Attachment 1]

List of Offenses

A person shall be appointed.

[Attachment 2]

3) Grounds for the calculation of the amount of collection

1. Total amount of ls-related crimes: 3240,000 won;

○ lsD 10,000 won and sold 1,000,000 won after purchasing lsD 10,000 won.

(B) No. 1-A(b) of the Judgment of the case (2018 Gohap331)

O lsD 21 purchase 1.680,00 won and sell 1.890,000 won, 1.890,000 won.

O lsD 14 Acceptance (7.150,00 won per market price) 10 copies are seized, and 20,000 won are seized.

As such, 150,00 won and 150,000 won and 150,000 won and 2 others shall be collected.

chapter 10 above is excluded from collection (Article 1-f, h, 3 of the Judgment in the case of 2018 Gohap31)

2. Total sum of crimes related to X-gu and Kenya: 1,50,000 won.

○ One-time medication is excluded from additional collection due to a dose in bad condition (Article 1-C of the Decision 2018Dahap331 of the case).

(b)

○ 1.4g of 1.4g of 20,000 and sold 6.60,000 won to 5.660,000 won

○ Additional purchase of KRW 1.4g of 540,000 for 5.4g of Kenya, but the full amount was confiscated, excluding additional collection.

(F) No. 1-F. of the Judgment of the case (2018Gohap31)

Since X-si 30,00 won was purchased and sold in 5,40,000 won, 5,000 won was additionally collected.

(F) No. 1 of the Decision 2018 Gohap331

○ Since the entire storage portion of the Kenya was seized, it is excluded from collection (Article 2018 Gohap331 of the Judgment of the case)

○ 350,000 won collected (Article 2018, 392, Paragraph 1, of the Decision) as the 1g of the Kenya purchased KRW 350,000.

3. Total amount of crimes related to marijuana: 4920,000 won.

○ 10,000 won [the retail price per 1g of the hemp plant in Seoul (Evidence) per 110,000 won

Part 496 pages) X 10g Additional Collection (2018 Gohap331 decided 1-f. 4)

Since ○ 28g in total sold KRW 3,580,000,000 for additional collection of KRW 3,580,000 (the judgment in the case 2018 Gohap331

ARTICLE 2-1(a)

0. 6,00 won collected in addition (2018 Gohap331) as the 6,000 won was received in two times of smoking.

(b)Paragraphs;

○ Inasmuch as the entire amount of the attempted sale and the storage was seized, the judgment of the case is excluded from collection (2018 Gohap331).

ARTICLE 2-C, 3)

00,000 won and 240,000 won and 240,000 won and 20,000 won and 2

(b) subsection (a), (b) of this section.

4. Total amount: 9710,000 won. end.

1) The prosecutor also seeks forfeiture of any large vinyl (Evidence No. 19) confiscated, but the defendant is a large vinyl package. The above large vinyl package is a drug.

A statement to the effect that it was not held in relation to a crime (Evidence No. 479 of the evidence record) is otherwise made for the narcotics crime.

There is no material to be considered as a means of transport or equipment.

2) However, the sentencing guidelines for narcotics crimes shall be indicated in reference to them.

○ Violation of the Act on the Control of Narcotics, etc. (fence)

[Determination of Types] Type 3, such as arranging the trade of, and arranging, etc. for, narcotics (narcotics; Ga., Ga.)

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

○ Scope of sentence due to the aggravation of multiple crimes: Imprisonment with prison labor from 4 years to 12 years.

3) The value of psychotropic drugs and marijuana to be collected shall be the actual transaction price with respect to the commission of trade mediation, and shall be subject to delivery crimes.

It is reasonable to calculate the retail price and the one-time price for the crime of medication based on medication (Supreme Court Decision 7 July 2013).

25. Benefits arising from criminal acts, including confiscation or collection under Article 67 of the Narcotics Control Act;

Since it is not aimed at deprivation, but a disposition of the punitive nature, it is not a gain due to the crime.

Even if the value is to be collected, the scope of additional collection under the proviso of Article 67 of the Narcotics Control Act shall be the defendant.

on the basis of the defendant who handles the same narcotics within the scope he handles within the scope he handles in full.

Inasmuch as a series of acts by the Supreme Court constitute separate crimes, the value of each act is not to be collected separately (see Supreme Court Decision 201Da1249, Jan. 26, 2012).

See Supreme Court Decision 2011115127, supra.

4) As to the crime of receiving ls in connection with the crime that the defendant and G exchange 10g of marijuana and ls 14 with the crime that the defendant and G exchange

In addition to the collection, the collection for the crime of giving and receiving marijuana was not required separately, but it is deemed that the collection is not necessary separately from lsD.

It is reasonable to additionally collect the value of marijuana received as it handles separate narcotics.

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