(영문) 서울중앙지방법원 2019.6.21. 선고 2019고합293 판결

The seized MMA caps 10 10 g (No. 1), MMA caps 19 g (6.6g) (No. 2), one g (No. 3), one g (No. 4), three g (No. 4), three g (No. 2.03g) (No. 5), lsD 239 (2.03g) (No. 6), lsD 192 (No. 1,64g) (No. 6), one g (20.53g) (No. 7), Defendant’s mobile phone number (No. 1, S/N: B) (No. 8) and one g (No. 9) shall be confiscated, respectively.

90,000,000 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

The defendant is not a person handling narcotics.

The Defendant and C, in Canada, imported lsD and MMA (one - one - one - one - one - another - one - one - another - one - one - one - another - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - the Defendant sold ls or X-

1. lsD and X-how income;

On February 25, 2019, at around 04:05, the Defendant concealed ls 480 LSD (SD) scood from C in the Defendant’s carcoo, concealed approximately 28g of powder powder 28g in the form of vinyl scood in the Defendant’s scood part on the Defendant’s scood part, and passed the customs search stand at the Incheon Central Airport-ro Incheon International Airport around 16:20 and passed through the customs search stand.

As a result, the Defendant, in collusion with C, imported lsD 480 psychotropic drugs, and imported approximately approximately 28g x posters.

2. Sale and purchase of lsD or X-how;

At around 18:54 on February 27, 2019, the Defendant sold lsD and X-hows on seven occasions from March 19, 2019 to March 19, 2019, and attempted to sell x posters once, and attempted to sell x posters.

Accordingly, in collusion with C, the Defendant traded lsD 27 and X-gu 108 psychotropic drugs, and attempted to sell and sell EXP 10.

3. Possession of lsD or X-how;

On March 19, 2019, around 15:10, the Defendant kept approximately 20g of lsD 431, X-si 19, and X-si 20g in the form of powder powder, which were imported in the air conditioning room, on the books inside the residence of the Defendant of G Building H in Gwanak-gu, Seoul Special Metropolitan City.

As a result, the Defendant possessed lsD 431, which is a psychotropic drug, and at the same time possessed 108 X-si.

4. Use of lsD, administration of X-how;

(a) X-type medication around February 25, 2019;

around 22:00 on February 25, 2019, the Defendant used X-si 1 as water at the residence of the Seoul Special Metropolitan City F building and Hho.

Accordingly, the Defendant administered one psychotropic drug X-si.

B. Use of lsD around March 16, 2019

At around 18:00 on March 16, 2019, the Defendant placed one copy of lsD, together with K and L, in the dwelling of the building in Gwangjin-gu Seoul Special Metropolitan City, Jho Women-friendly K, and recorded them.

As a result, the defendant used three LSD in collaboration with K and L.

The defendant around 02:00 on March 17, 2019, around 02:0, at the above K's residence, 1 set each of the posters-type K and L together with the female-friendly job offers K and L.

As a result, the Defendant administered 3 times in collaboration with K and L.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect of K and L by the prosecution;

1. Police suspect interrogation protocol regarding F;

1. Each photograph attached to the first police interrogation protocol against the accused, each investigation report (the analysis of cell phone evidence related to medication A), investigation report (the investigation of cell phone evidence on A's accomplice), investigation report (the investigation of suspect A's cell phone Mcom message), investigation report (the investigation of suspect A's cell phone M message), investigation report (the investigation of suspect A's cell phone M message), investigation report (the investigation report on the crime committed in early March 2019), investigation report (the specification of N's X car sales price), investigation report (the confirmation of the fact of sale, including X

1. ACCUSIGN inspection, a confirmation and a narcotics appraisal report;

1. Seizure protocol (No. 2 No. 5 of the evidence list);

1. Monthly trend of narcotics;

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; Article 30 of the Criminal Act; Articles 58(1)6, 4(1), and 2 subparag. 3 (b) of the Narcotics Control Act; Article 30 of the Criminal Act; Articles 60(1)2, and 4(1), and 4(3)3 (b) of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act; Article 60(3), Article 4(1), and 30 of the Criminal Act; Articles 60(3), 4(1), and 2 subparag. 3 (b) of the Narcotics Control Act; Article 30 of the Criminal Act; Article 59(1)5, Article 3 subparag. 5, and Article 2 subparag. 3 (b) of the Narcotics Control Act; Article 59(1) of the Narcotics Control Act; Article 30 of the Act; Article 30 of the Act on the Management of Narcotics, Etc.

1. Commercial competition;

Articles 40 and 50 of the Criminal Code (the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of violation of the Act on the Control of Narcotics, etc. (fence), the punishment of violation of the Act on the Control of Narcotics, etc. (frighting), the crime of violation of the Act on the Control of Narcotics, etc. (frighting), the crime of violation of the Act on the Control of Narcotics, etc. (frighting), the crime of violation of the Act on the Control of Narcotics, etc. (frighting), the crime of violation of the Act on the Control of Narcotics, etc. (frighting), and the punishment prescribed in the Act on

1. Selection of punishment;

With respect to the violation of the Act on the Control of Narcotics, etc. (flavotion) and the violation of the Act on the Control of Narcotics, etc. (flavoking), each sentence of imprisonment, each violation of the Act on the Control of Narcotics, etc. (flavoking), the violation of the Act on the Control of Narcotics, etc. (flavoking), the violation of the Act on the Control of Narcotics, etc., the violation of the Act on the Control of Narcotics, etc., the violation of the Act on the Control of Narcotics, etc., the violation of the Act on the Control of

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act and Article 50 of the Criminal Act concerning ls imports with the largest penalty for violation of the Act on the Control of Narcotics, etc. ( native)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (General Considerations for the Reasons for two-year punishment in favor of the other party)

1. Confiscation;

Article 67 (main sentence 1 of the Narcotics Control Act)

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. (attached Form 2)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply because some of the offenses of violation of the Act on the Control of Narcotics, etc. (fence) are mutually competitive relations.

Determination of sentence: Imprisonment and three years and six months;

The Defendant, along with C, imported LSD, psychotropic drugs, which are psychotropic drugs causing fatal damage to brain, from Canada for the purpose of selling ls 480 and X-gu 28g in Korea. In fact, the Defendant sold LSD 27 and X-gu 108 at LSD 27 and 108 at LSD 10. The Defendant attempted to sell additionally, and was arrested at the police. The Defendant, along with female-friendly women, administered LSD and X-gu spick.

In this respect, the contents of crimes are not good.

The circumstances favorable to ○: (a) the primary offender appears to have led to the instant crime; (b) the proposal of C shows that most of the sales proceeds was acquired by C; and (c) the profits acquired by the Defendant appears to have no amount to KRW 200,000,000,000,000,000,000,000 won.

The age, character and conduct, family relationship, family environment, and motive and means of committing crimes in the above circumstances.

In full view of the sentencing conditions as shown in the trial process of this case, such as the circumstances after crimes, the sentence shall be determined as per Disposition.