(영문) 서울중앙지방법원 2017.8.18. 선고 2017고합690 판결

One assistant assistant officer (No. 14 of the Seoul Central District Prosecutors' Office 2017 No. 2570), one disposable assistant officer (No. 2570 of the evidence 2017. 15 of the evidence 2017. 2570 of the evidence 2017. 15), each of which shall be confiscated.

20,000 won shall be additionally collected from the defendant.

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

Reasons

Criminal History Office

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Metrophists (hereinafter referred to as the “Handphone”) and JWH-18 similar chain 5-Floro ADB (hereinafter referred to as the “synthetic marijuana”) as follows:

[2017Gohap690]

1. Purchasing philophones;

On January 21, 2017, at around 21:00, the Defendant issued 400,000 won in cash to a male on the bridged land in Yeongdeungpo-gu Seoul Metropolitan City, Seoul, for a single-use injection machine (0.97g, a total 0.97g, a piece of philopon on the blopon) and 0.22g of a philopon, each of which contain a philopon.

2. Medication of phiphones.

On March 3, 2017, at around 19:00, the Defendant administered approximately 0.2g of the philophonephones purchased as above at 203's room in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sung-gu, by inserting approximately 0.2g of the philophones purchased as above, into the chilocul, and dilution them into the blu

3. Possession of philophones and synthetic marijuana;

On March 7, 2017, at around 21:25, the Defendant possessed a room containing seven philophones (0.27gg in total philophones containing sons), seven philophones containing 0.22g in the way of “F hotel in Gangnam-gu Seoul, Seoul”, and one cigarette containing 0.54g in the form of a philophones and a synthetic marijuana.

[2017Gohap715]

1. Medication of phiphones;

On April 18, 2017, the Defendant administered approximately 0.1g of philophones by dilution them with water from the toilets of a building where remodeling construction works located in the H market located in Seongbuk-si, Sungnam-si. G.

2. Possession of philophones;

On April 20, 2017, the Defendant: (a) around 19:25, the hotel J's hotel located in Gangnam-gu Seoul Metropolitan Government I, consisting of 503 guest rooms and 0.2 g of phiphones; (b) two for a single-use proprietor, which is mixed with water, and one for a single-use proprietor containing 0.4g of phiphones mixed with water, carried a phiphone by means of inserting it in a hand room and keeping it on the side of the window of the guest room.

Summary of Evidence

[2017Gohap690]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each narcotics appraisal report, the results of simplified test of reagents, and the results of genetic testing;

1. A report on investigation (calculated additional charges);

[2017Gohap715]

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. Notification of the results of each legal chemical appraisal, confirmation of the results of a small-scale vision test, and photographs of the results of a simple reagents test;

1. Investigation report (the arrest of a suspect - the emergency arrest, the details and accompanying photographs of seizure, such as an urgent search and seizure of notes by a suspect, and the current price of phiphones transaction);

Application of Statutes

1. Article applicable to criminal facts;

Each Act on the Control of Narcotics, Etc. Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (the trading of clopon, medication, and possession of copon), 59(1)5, 3 subparag. 5, and 2 subparag. 3(a) (the possession of a synthetic marijuana) of the Narcotics Control Act

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) due to the possession of synthetic marijuana with heavy punishment among the crimes of violation of the Act on the Control of Narcotics, etc. (the punishment provided for in the Act on the Control of Narcotics, etc.).

1. Selection of punishment;

Selection of each imprisonment with prison labor for the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale and purchase of phiphones, medication, and possession of phiphones on April 20, 2017.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 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. Orders for probation and education;

Article 62-2 (1) of the Criminal Act

1. Confiscation1);

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Calculation of Additional Collection Charges] 10,000 won per philophones per 100,000 won 2) X 2 = 200,00 won

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for one year to 45 years;

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

(a) Basic crime - Violation of the Act on the Control of Narcotics, etc. (flavoring) by holding synthetic marijuana;

[Determination of Types] 2 Types : Medication, Simple Possession, etc. (narcotics, flappy A., etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment with prison labor for one year to three years

(b) Concurrent crimes 1 - Violation of the Act on the Control of Narcotics, etc. (flag) by selling and buying phiphones;

[Determination of Types] Trade Mediation, etc. for Narcotics Crimes in Types 2 (mariju, fab.(b) and (c), etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment for 1 year, 2 years

(c) Concurrent crimes 2 - The crime of violation of the Act on the Control of Narcotics, etc. (flag) due to the administration of phiphone

[Determination of Types 3] Medication, simple possession, etc. of narcotics crimes

【Special Convicted Person】

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment with prison labor for 10 months - Two years

(d) Criteria for handling multiple crimes: One year of imprisonment - four years and eight months (the three years of imprisonment with prison labor which is the upper limit of the scope of punishment for basic crimes plus one-half years of imprisonment with prison labor and eight months of imprisonment with prison labor which is the upper limit of the scope of punishment for one concurrent crime and one-third of the upper limit of the scope of punishment for two concurrent crimes);

3. Determination of sentence: Imprisonment with prison labor for one year and two years; and

① The Defendant purchased a total of 1.19g3) and administered 0.2g of opon, and possessed 0.54g of opon with a total of 0.4gopon (0.49g4), and held 0.54g of sopon with a synthetic hemp (2017ccopon 0.1g, and held 0.4g of opon which is mixed with a oponon 0.4g and water (2017ccopon 715). The Defendant was released after he was arrested as a flagrant offender while he was arrested a person who will administer opon with a mobile phone while committing the crime, and thereafter arrested a person who will administer opon with a opon copon. Considering the content of the crime and the process of arrest, etc., the crime of this case is not appropriate, and the Defendant is highly likely to be subject to criticism.

However, there is no record of criminal punishment except for the suspension of indictment under the condition of completion of the training program to prevent recidivism on December 11, 2015, the fact that the defendant is now infected with HIV (human immunodeficiency virus) and is expected to require early intensive treatment and is not good in health conditions, and the defendant's age, character and conduct, family relationship, motive and circumstances of each of the crimes of this case, and circumstances after the crime, etc. are considered as favorable to the defendant, and the punishment is determined as ordered by the order, comprehensively taking into account various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, personality and behavior, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc.

Judges

Judge of the presiding judge;

Judge Jin-hun

Judges Park Jong-chul

Note tin

1) Since 0.89g of philophones seized while in possession by the Defendant, 0.4g of philophones mixed with water and 0.54g of synthetic marijuanas were consumed in the appraisal, they shall not be confiscated.

2) It shall be calculated on the basis of KRW 100,000,000,000,000 per cubic phone market price pursuant to the monthly trend of narcotics, etc. published at the most adjacent time on the day of this judgment.

(iii) 0.97g of philopon in seven philopon + 0.22g4 of philopon in vinyl 0.27g of 7 philopon in 7 philopon) + 0.22g of philopon in vinyl bags.

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