(영문) 서울중앙지방법원 2018.2.8. 선고 2018고합68 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. The defendant shall be ordered to attend the 40-hour pharmacologic treatment course. 5,563,200 won shall be collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal facts

1. Purchasing marijuana;

A. On June 4, 2016, at around 23:42, the Defendant decided to purchase approximately 8g of marijuana from 'D' to 'D', the seller of marijuana at C', and transferred approximately 8g of marijuana to 'D', at around 02:0 on the following day, the Defendant purchased approximately 8g of marijuana from 'D' to 'D', and at around 82:0, around 00, at around 02:0, the Defendant purchased approximately 8g of marijuana from 'D'.

B. On June 10, 2016, at around 19:29, the Defendant decided to purchase approximately 10 g of marijuana from the above “E” and transferred the bitcos equivalent to KRW 1,099,802 from Korea, and at around 21:00 on the same day, the Defendant found about 10 g of marijuana between the outer wall of the stairs located in Seongdong-gu Seoul H basin 5, and purchased it.

C. On August 18, 2016, the Defendant, at around 17:03, decided to purchase approximately 10 g of marijuana from K using ID I’s “D” (one name “J”) from D, and transferred approximately 10 g of 1,100,000 in the Republic of Korea to a bitco, and at around 22:00 on the same day, sought about 10 g of marijuana and purchased it under the building outer wall near the building in the vicinity of Dongjak-gu Seoul Metropolitan Government, Seoul.

D. On September 12, 2016, the Defendant decided to purchase approximately 5g of marijuana from the above K, and transferred to the bitcos equivalent to KRW 630,700 in the Republic of Korea, and around 22:00 on the same day, the Defendant found approximately 5g of marijuana under the adjacent to the Bara Building near Seongdong-gu Seoul Metropolitan L Station, and purchased it.

E. On September 17, 2016, the Defendant decided to purchase approximately 5g of marijuana from the above K, and transferred to the bitcos equivalent to KRW 550,000 in the Republic of Korea, and around 23:00 on the same day, the Defendant found approximately 5g of marijuana and purchased approximately 5g of marijuana under the back-to-air air conditioner building near Seongdong-gu Seoul Metropolitan L Station.

F. On November 17, 2016, the Defendant, at around 21:14, decided to purchase approximately 5 g of marijuana from N using ID’s “DM” from N, and transferred the 900,000 won in the Republic of Korea to Bitcos equivalent to the 900,000 won in the Republic of Korea, and at around 24:0 of the same day, the Defendant found about about 5 g of marijuana under the open air condition of Seongdong-gu Seoul, Seongdong-gu L basin L basin Building, and purchased it.

G. On February 23, 2017, the Defendant decided to purchase approximately 3.5g of marijuana from the above N on February 18:43, 2017, transferred to the bitcos equivalent to KRW 400,000 in the Republic of Korea, and around 24:00 on the same day, the Defendant found approximately 3.5g of marijuana and purchased it under the group of bitcos adjacent to the above G gas station.

2. Smoking marijuana;

A. At around 02:30 on June 4, 2016, the Defendant smoked marijuana in a way of inserting approximately 0.3g of marijuana into the pipe made by clocking date in the Defendant’s dwelling at the Defendant’s dwelling at heading 0, Adong 408, by inserting approximately 0.3g of it into the pipe, and inserting it with a bubro, etc.

B. On June 5, 2016, around 16:00, the Defendant smoked approximately 0.3g of marijuana in the above-mentioned manner at the Defendant’s residence.

C. On June 10, 2016, at around 21:30, the Defendant smoked, in the above Defendant’s residence, approximately three times in total, about 0.3gs of marijuana, and approximately 0.9g in total, in the said manner.

D. On August 18, 2016, at around 24:00, the Defendant smoked, in the above Defendant’s residence, approximately three times in total, about 0.3gs of marijuana, and approximately 0.9g in total, in the said manner.

E. On September 12, 2016, at around 22:30, the Defendant smoked, in the above Defendant’s residence, approximately two times in total, approximately 0.3gs of marijuana, and approximately 0.6g in total, in the said manner.

F. On September 17, 2016, around 23:30 on September 17, 2016, the Defendant smoked, in the above Defendant’s residence, approximately two times in total, about 0.3gs of marijuana, and approximately 0.6g in total.

G. At around 01:00 on November 18, 2016, the Defendant smoked, in the above Defendant’s residence, approximately two times in total, about 0.3gs of marijuana, and approximately 0.6g in total, in the said manner.

H. At around 01:00 on February 24, 2017, the Defendant smoked approximately 0.3g of marijuana in the above-mentioned manner at the above-mentioned Defendant’s residence.

I. On March 24, 2017, around 24:00, the Defendant smoked about 0.3g of marijuana in the above-mentioned manner at the residence of the above-mentioned Defendant. The summary of the evidence is as follows.

1. Defendant's legal statement;

1. Each police interrogation protocol of K and N;

1. A report on investigation (No. 25 of the evidence list);

1. Correspondence to a statement on narcotics appraisal (No. 2017-H-12693);

1. A details of transactions, details of transactions of electronic wallets used by K, and details of transactions of electronic wallets used by N;

Application of Statutes

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

Articles 59(1)7, 3 subparag. 9 (the purchase of marijuana as indicated in Article 1-A, (b), (c), (d), and (e) of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016); Articles 59(1)7, and 3 subparag. 7 (the purchase of marijuana as indicated in the item (f) of the Narcotics Control Act at the time of the market); Articles 61(1)4 (a) and 3 subparag. 10 (a) (the purchase of marijuana as indicated in the item) of the Narcotics Control Act; Articles 61(1)4 and 3 subparag. 10 (the use of marijuana smoking and the choice of each imprisonment) of the former Narcotics Control Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and Article 1 (3) of the Act on the Control of Narcotics, Etc. (the penalty concurrent crimes prescribed in the Act on the Control of Narcotics, etc.) due to the purchase of marijuana as stated in the largest holding

1. Suspension of execution;

Article 62(1) of the Criminal Act (Taking into account favorable circumstances among the following reasons for sentencing):

1. Order to attend lectures;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

5,563,200 won in total of the purchase prices of marijuana listed in paragraph (1) of the judgment on the proviso to Article 67 of the Narcotics Control Act [Calculation of Amount of Additional Collection]

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 for one year to 45 years;

2. Scope of recommendations according to the sentencing criteria;

Second Crimes

[Scope of Recommendation] Purchase for medication, simple possession, etc. or the second crime committed in the mitigated area (8 to one year and six months) of Type 2 (marijus, flags, item (b) and (c), etc.) (a special mitigation).

[Scope of Recommendation] Purchase for medication, simple possession, etc., or the third crime committed in relation to the mitigation area (8 to 1.6 months) of Type 2 (mariju, flavoal item (b) and item (c), etc.) (a special mitigation) in the mitigated area (8 to 1.6 months)

[Scope of Recommendation] Purchase or acceptance for medication, simple possession, etc. in the mitigation area (8 to 1 year and 6 months) of Type 2 (marijus, flags, items (b) and (c), etc.) (a special mitigation), including recommendation for sale and purchase

* Final sentence scope due to the aggravation of multiple offenses: Imprisonment for not less than 8 months to 2 years;

3. Crimes related to narcotics, such as the crime of this case, are not easy to detect due to their characteristics, and the risk of recidivism is high, and the risk of recidivism is very high, and its illegality and possibility of criticism is serious. The Defendant purchases marijuana in an amount of about 46.5g in total, up to seven times in the near a year, and repeatedly smokes marijuana over 16 times. In light of the frequency of the crime of this case and the amount of marijuana, etc., the nature and circumstances of the crime are inferior.

However, both of the instant crimes were committed against the Defendant during their depth. The Defendant committed the instant crime with intent to purchase and smoke marijuana to escape it in a psychologically difficult situation due to marbling, etc., and did not commit the instant crime, such as selling and providing marijuana to others. Moreover, the Defendant did not have any criminal record, and even after February 2017, she did not prevent the instant crime, such as failing to smoke marijuana.

In addition, in consideration of all the circumstances, such as the age, character and conduct, circumstances of the crime, and circumstances after the crime, the punishment as ordered shall be determined in the same manner as the sentencing of the defendant.