(영문) 서울중앙지방법원 2018.12.21. 선고 2018고합997 판결

approximately 1.23 g (including fl. 1) of white fl.b. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

5,263,785 won shall be additionally collected from the defendant.

To order the defendant to pay the amount equivalent to the above additional collection charge.

Reasons

Criminal History Office

【Criminal Power】

On April 17, 2014, the Defendant sentenced 4 years to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., at Seoul High Court on April 17, 2017, and completed the execution of the sentence in the Ansan prison on October 30, 2017.

【Criminal Facts】

1. Violation of the Narcotics Control Act;

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled the psychotropic drugs-related clocks (one clockopon; hereinafter referred to as "philopon") as follows:

(a) Acceptance of philophones;

On May 1, 2018, the Defendant received approximately 0.2 g of philopon, which was contained in the part of the two types of one-time injection equipment D from Annsan-si, Annsan-si, the Defendant’s residence, and received approximately 0.2g of philopon from D.

In addition, from the above date to September 24, 2018, the Defendant received the phone from D, E, or provided F and G with a penphone at least six times as indicated in (1) of the crime sight table. The Defendant received the phone from each other. The crime sight table (1)

A person shall be appointed.

(b) Handphone medication;

On May 2018, the Defendant administered chophones by inserting approximately 0.1g of chophones received from the above Btel C, a residence of the Defendant, into a single-use injection machine, dilution with water, and injection with the Defendant’s arms in a way of injection with the Defendant’s arms.

From the above date and time to September 2018, the Defendant administered philophones more than six times as indicated in the following list of crimes (2).

List of Offenses (2)

A person shall be appointed.

(1) Upon D’s request, the Defendant: (a) informed by D that the seller of phiphonephones known to E as the price for phiphones, among KRW 2.2 million, from among the 2.5 million won transferred from a mutual influenite-gu hotel to the Defendant’s account in the name of the Defendant on September 17, 2018; and (b)

The Defendant transferred approximately 10 g of philopon from the above seller to the 0 bank account in the name of the name, and dried up to D in front of Qa Hospital located in Gangdong-gu Seoul Metropolitan Government P in the same day in the same day. Accordingly, the Defendant arranged to trade approximately 10 g of philopon between D and the philopon seller.

(2) On September 26, 2018, the Defendant transferred KRW 220,000,000,000, which was remitted to the Defendant’s account under the name of the Defendant, to the said N account upon D’s request, and then, around 21:00 on the same day, the Defendant found about approximately 10 g of the instant Handphone, which was sent from Seoul R to the Defendant’s name, by entering the recipient as E, to the Defendant’s door-to-door bus sales. On the same day, at around 22:00 on the same day, the Defendant sent the 10g of the instant Q Hospital back to D.

Accordingly, the defendant assisted the sale of approximately 10 g of philophones between D and philophone sellers.

(d) Purchasing philophones;

On September 1, 2018, the Defendant received 300,000 won from the street store located in Yongsan-gu Seoul, Yongsan-gu, Seoul, for the purchase price of phiphones, from M, and approximately 1g of phiphonephones contained in the plastic bag from M.

Accordingly, the Defendant purchased approximately KRW 300,000 from M in 1g of philophones.

2. Violation of the Act on the Control of Narcotics, etc.;

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated marijuana as follows:

(a) Acceptance of marijuana;

On August 2018, the Defendant received approximately 86 g of marijuana, which was contained in vinyl blick, from T in S apartment K, a residence of the Defendant, and received approximately 86 g of marijuana from the Defendant, from around the same date and time to September 26, 2018, as indicated in the list of crimes (3) below, at least three times from around the above date and time to around September 26, 2018, and received marijuana, respectively. The list of crimes (3)

A person shall be appointed.

(b) Purchasing marijuana;

On September 17, 2018, the Defendant: (a) around September 17, 2018, around 26, 2018, sent approximately 14g of marijuana contained in vinyl Bain to a bank account in U’s name and transferred KRW 500,000 as the purchase price for marijuana to the bank account in U’s name.

As a result, the Defendant purchased approximately 14g of hemp from U to KRW 500,00.

On August 2018, the Defendant, among marijuana received from T in the above S Apartment apartment K, which is the Defendant’s residence of the Defendant, smoked marijuana in a way that the Defendant gets a tobacco paper by inserting the string of the paper, and then attaching the string to the string.

In addition, from the above date to September 26, 2018, the Defendant smoked marijuana over three occasions as indicated in (4) of the crime sight list as follows. The crime sight list (4)

A person shall be appointed.

3. Violation of the Act on the Control of Narcotics, etc. and the Act on the Control of Narcotics, etc.;

On September 30, 2018, the Defendant: (a) around 16:42, the Defendant kept approximately 0.48gh and 0.64g of marijuana contained in a plastic bag in S apartment K, which is a residence of the Defendant, and approximately 0.31g and approximately 0.64g of marijuana contained in a steel bag, which is contained in three plastic bags. Accordingly, the Defendant possessed approximately 0.48g and 13.95g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Records and lists of seizure, photographs of the scene of seizure, photographs of each seized article, and copies and photographs of the vehicle inside and outside of the vehicle at the time of seizure;

1. Each investigation report (the result of a minor appraisal, the result of an appraisal of seized articles), and replys with each appraisal request;

1. Previous records: Personal confinement status, criminal records, and investigation reports (Attachment to printed materials, such as a suspect A's judgment);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (Article 30 of the Act on the Control of Narcotics, Etc.) (Article 60(1)6, and 4(1)2 of the Act on the Control of Narcotics, Etc., Article 61(1)6 of the Criminal Act and Article 4(1)2 of the Act on the Control of Narcotics, Etc. (Article 30 of the Criminal Act), Article 59(1)7, and Article 3 subparag. 7 of the Narcotics, etc. Act (Article 61(1)4 (a) and Article 3 subparag. 10 (Article 30 of the Criminal Act on the Control of Narcotics, etc.)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on the crimes of violation of the Act on the Control of Narcotics, etc. by Handphones and the crimes of violation of the Act on the Control of Narcotics, etc. (Bribery) due to holding marijuana, which are more severe punishment and prescribed by the Act on the Control of Narcotics, etc.

1. Selection of punishment;

Each Act on the Control of Narcotics, Etc. shall select imprisonment with prison labor for each of the crimes of violation of the Act on the Control of Narcotics, etc. (fence), acceptance or smoking of marijuana.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act (Provided, That the proviso of Article 42 of the Criminal Act shall not apply to the violation of the Act on the Control of Narcotics, etc. ( marijuana) by the purchase of marijuana

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Concurrent Crimes within the scope of the proviso of Article 42 of the Criminal Act concerning the Control of Narcotics, etc. (referring to the Crimes of Bribery due to the Purchase of Cannabis with the largest punishment)]

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

A. 600,000 won for a single popon administered (=100,000 won for a single popon administered) under the proviso to Article 67 of the Narcotics Control Act [based on the calculation of a surcharge] 0: 60 million won for a single popon administered (6 times)

b) Crime No. 1-B. 1-2: 100,000 won (the value of one-time medication of philophones administered with F in August 2018, 2018, which does not correspond to philophones received by the defendant, such as the statement No. 1-A of the facts constituting the crime at the time of sale, and which the defendant administered with F)

○ Facts constituting the crime No. 1-C. 4,400,000 won (- 2,200,000 won equivalent to the purchase price of the relevant penphone that the Defendant arranged to sell or purchase x 2 times)

○ Facts constituting the crime No. 1-d. 1: 156,00 won (=300,000 won in the amount equivalent to the purchase price of the penphone purchased by the Defendant (1g of the penphone purchased by the Defendant - seized 0.48g in the above)): 6,000 won in the facts constituting the crime as indicated in the judgment (3,000 won in the portion that the Defendant smoked and seized among August 2018, in the amount of about 86gs of the hemp received by the Defendant during his/her winter and that was not seized by the Defendant, + 3,000 won in the amount of smoking once in the part that was not seized by the Defendant among the 86gs of the hemp received by the Defendant.

○ Facts constituting the crime 2-b. : 1,785 won [the Defendant’s 5,00,000 won equivalent to the purchase price for marijuana purchased by U on September 9, 2018 (the 14g of marijuana purchased as the above - the 13.95g of marijuana seized)] Total = 5,263,785 won + + + 600,000 + 4,400,000 + 156,000 + 6,785 won + 1,785 won)

1. Order of provisional payment;

1. Scope of applicable sentences by law: Imprisonment with prison labor for not less than one year but not more than 50 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes and crimes referred to in Articles 2 and 3: Violation of the Act on the Control of Narcotics, etc. (math) by the purchase of marijuana and the violation of the Act on the Control of Narcotics, etc. (math) by the purchase of marijuana

[Determination of Types] Trade Mediation, etc. for Narcotics in Case of Habitual Offenders of Types 2 (mariju, fab. (b) and (c) (Special Convicts) (Aggravated) (Aggravated Elements), previous convictions for the same kind of crime (Aggravated Elements), and important cooperation for investigation.

[Scope of Recommendation] Imprisonment with prison labor for not less than one year and six months, but not more than four years (Aggravated Field)

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than one year and six months, but not more than seven years and four months (=4 years + 4 years + 1/2) + (4 years x 1/3));

3. Determination of sentence: Three years of imprisonment; and

○ An unfavorable normal narcotics-related crime is not easy to detect due to the characteristics of administration, which are closely traded and administered, and is highly likely to commit a crime that is different from the risk of recidivism due to hallcability, toxicity, etc. In addition, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime, and committed the instant crime more than seven months after the completion of the execution. In addition to the above repeated crime, the Defendant committed the instant crime more than twice the same criminal record, in addition to the above repeated crime, and it is inevitable to punish the Defendant on the grounds that the Defendant received, administered, arranged for the sale, received, purchased, purchased, purchased, or smoked marijuana.

○ favorable circumstances

The Defendant recognized his mistake from the investigative agency to this court, and is against the law, and the Defendant appears to have not mediated the sale and purchase of phiphones to many and unspecified persons. The Defendant first becomes aware of the crimes of the above four persons by cooperatinging the investigative agency with four accomplices, arresting two of them, and arresting two of them. There is a reply to the inquiry of the Seoul Special Metropolitan City Police Agency to the effect that two of them are tracking.

In addition to the above circumstances, the defendant's age, character and conduct, environment, family relationship, health status, motive and background of the crime, means and method of the crime, and the circumstances after the crime were committed shall be determined as ordered in full view of all the circumstances shown in the records and arguments of this case.