(영문) 서울중앙지방법원 2017.8.17. 선고 2017고합691 판결

except that the execution of the above sentence shall be suspended for a period of four years from the date the judgment becomes final and conclusive.

To order the defendant to provide community service for 200 hours.

Seized, one box for international express shipment (No. 1), about 212.74g (No. 214.68g) (No. 214.68g), about 212.74g (No. 2, No. 2) of hemps (No. 2), five paper factorings containing No. 2 of the evidence (No. 3), MDMA 10 (No. 4), one box for international express shipment (No. 7), about 8.83g (No. 9.03g) of electronic tobacco storage boxes containing hemps (No. 8) of the hemps (No. 8) shall be confiscated from the Defendant.

39,000 won shall be additionally collected from the defendant.

Reasons

Criminal History Office

1. Purchase and medication of MaMA;

On November 2016, 2016, the Defendant sent USD 30,00 ($ 33,000 in Korean Won) to a male who is unable to know his name at a club with no knowledge of the trade name in the Venegas of the United States. In return, the Defendant 1, a psychotropic drug, was treated as a psychotropic drug, at the same time.

Accordingly, the defendant purchased and administered MMA even though he is not a narcotics handler.

2. Receipt or smoking of marijuana;

On December 2, 2016, the Defendant received free of charge two pieces of tobacco containing marijuana from U.S. (hereinafter “D”) from a U.S. person (hereinafter “D”) whose name cannot be known in California, California, California, and then drank immediately on the job.

Accordingly, the defendant accepted and smoked marijuana even though he is not a narcotics handler.

3. The importation of marijuana and MMA;

The Defendant, at the time and place specified in Paragraph 2, gave USD 300 (Korean US$ 330,000) to D, and requested D to send the hemp draft, MDMA, marijuana error, etc. to the Defendant’s residence in Korea.

A. On January 18, 2017, the hemp and MMA importD, on which January 18, 2017 came to the port of Incheon State supply through E around January 18, 2017, was sent to the address known by the Defendant, and around 08:23, around January 2017, the Defendant received the said cargo sent by D from G located on the third underground floor of the F Building of Gangnam-gu Seoul, Seoul, at around 14:30 on January 25, 2017.

Accordingly, the defendant imported marijuana and MMA in collusion with D even though he is not a handler of narcotics.

B. On January 25, 2017, the ImportD, on which January 25, 2017, entered two (9.03g) an electronic tobacco storage store ( approximately 9.03g) containing marijuana in California, California, Luxembourg, and sent the said cargo to the address known to the Defendant, and the said cargo arrived at the Incheon Country of Supply via E around 07:53, January 25, 2017.

Accordingly, the defendant imported marijuana in collusion with D even if he is not a handler of narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Mutual assistance investigation instruction, review results of analysis, each seizure report, each appraisal report, customs detection report, request for analysis of ingredients of narcotics-related goods, and review results;

1. Each investigation report (the maMA exposure report, the suspect A status of entry and departure from the Republic of Korea).

Application of Statutes

1. Article applicable to criminal facts;

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

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (psychotropic Affairs) by the import of marijuana on the same day as the violation of the Act on the Control of Narcotics, etc. on January 18, 2017)

1. Selection of punishment;

Each sentence on the violation of the Act on the Control of Narcotics, etc. (flavotion), the violation of the Act on the Control of Narcotics, etc. (flavoring), the receipt and delivery of marijuana, or the violation of the Act on the Control of Narcotics, etc. (flavoring), the violation of the Act on the Control of Narcotics, etc. (flavoring), the violation of the Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the heavy MMA imports from which punishment and crime are the largest)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considering favorable circumstances among the reasons for sentencing below):

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:

The proviso of Article 67 of the Narcotics Control Act

[Basis for calculation of a surcharge] Total of 39,000 won

○ Purchase of MeMA 1 MMA : Purchase Price of 33,000 won

○ Paragraph 2 of the hemp plant’s holding: 6,00 won (=3,000 won for the transaction price of smoking once marijuana x two times)

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and six months but not more than two years and six months and not more than 22 months;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: Violation of the Act on the Control of Narcotics, etc. (flavotion) due to MMA imports;

[Determination of Type] Manufacturing, etc. of Import and Export of Narcotics (Narcotic drugs, perfume items (a) and (b), etc.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of not less than four years but not more than seven years (Basic Area)

(b) The first concurrent crime: the crime of violation of the Act on the Control of Narcotics, etc. by importing marijuana;

[Determination of Types 2] Manufacturing, etc. of Import, Export, etc. of Narcotics (marijus, perfuc. (c))

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of not less than 2 years but not more than 4 years (Basic Area)

(c) 2nd concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (fence) through the purchase of MDMA;

[Determination of Types] Trading, arranging, etc. for Narcotics (ac, flag, (b) and (c), etc.)

[Special Escopics] Reductions: Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Imprisonment with prison labor of not less than 8 months but not more than 1 year and 6 months (a mitigation area)

(d) 3rd concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (fence) through MaMA medication.

[Determination of Types 3 [Determination of Types] Simple possession, etc. of Medications of Narcotics (flag (b) and (c)]

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of not less than 10 months but not more than 2 years (Basic Area)

(e) 4 concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (ma) by hemps;

[Determination of Types] 2 Medications (ma. d. and e., marijuana, flavorings) for the medication of narcotics

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of not less than eight months but not more than one year and six months (Basic Area)

(f) 5 concurrent crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by smoking marijuana;

[Determination of Types] 2 types (ma) such as marijuana, flavoring (d items (e) and (e), etc.) of medication, etc.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of not less than eight months but not more than one year and six months (Basic Area)

(g) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four years but not more than nine years and not more than eight months;

3. Determination of sentence: Four years of suspension of the execution of imprisonment for two years and six months;

In the crime of this case, narcotics crimes such as the crime of this case are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative impacts on the society through the cryptability, toxicity, etc. Furthermore, since the import of MDMA and marijuana is likely to cause the spread of narcotics and additional crimes resulting therefrom, the defendant's responsibility for the crime is not easy.

However, the Defendant imported a small quantity of MMA or marijuana for the purpose of smoking, not for distribution in the city, and imported MMA or marijuana was confiscated in full. The Defendant is a primary offender who has no record of punishment, and is currently receiving treatment for drug addiction by himself/herself at a hospital. These circumstances are favorable to the Defendant.

In this context, the defendant's age, environment, character and conduct, family relations, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment is determined as ordered by the order beyond the minimum sentencing criteria.