(영문) 서울중앙지방법원 2018.9.19. 선고 2018고합742 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to provide community service for 80 hours.

380,000 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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated MDMA (hereinafter referred to as "EXV") and marijuana as follows:

1. X-type medication;

The Defendant, around January 1, 2018, administered X-si in a 'D' located in Gangnam-gu Seoul Metropolitan Government Seoul around the new wall, in a way that x-si 1 is drunk and x-si.

2. Purchasing marijuana;

On January 2018, the Defendant purchased approximately KRW 2g of marijuana from F in cash at the domicile of Seocho-gu Seoul E building and F in 201, the Defendant purchased approximately KRW 300,000 in cash.

3. Smoking marijuana;

A. On January 1, 2018, the Defendant: (a) around the beginning of the first half of the year; (b) placed in pipes the franchising marijuana at the G apartment of Gangnam-gu Seoul and H located in No. 1102; (c) placed the franchis in pipes; and (d) smoked the franchis and smoke jointly with H.

B. On March 1, 2018, the Defendant: (a) removed the tobacco first from the Defendant’s residence in the Gwanak-gu Seoul Special Metropolitan City building and the Defendant’s residence in 615; and (b) smoked the marijuana by inserting a large amount of marijuana and displaying it with a smoke. The Defendant smoked the marijuana by the aforementioned method at the Defendant’s residence around the first day of March 7, 2018.

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against F and H;

1. Each narcotics appraisal statement (the No. 21, 22, 23 of the evidence list);

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 31);

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) of the Narcotics Control Act (the fact of the administration of an X-how, choice of imprisonment), Article 59(1)7, and Article 3 subparag. 7 (the point of trade of marijuana) of the Narcotics Control Act, Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act, Article 30 of the Criminal Act (the point of trade of marijuana joint smoking and the choice of imprisonment), Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act, Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act

1. Aggravation for concurrent crimes;

Article 37(former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act due to the purchase of marijuana with the largest sentence of Article 37(1)2 and Article 50 of the Act on the Control of Narcotics, Etc.

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act

1. Additional collection:

proviso to Article 67 of the Narcotics Control Act (based on calculation of the amount of additional collection: 80,000 won per posters City + 300,000,000 won for marijuana purchase = 380,000 won)

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 up to six months from June 22

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes: Crimes of violating the Act on the Control of Narcotics, etc.;

[Determination of Types 3] Medication, simple possession, etc. (b) and item (c) of narcotics

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

(b) Concurrent crimes: Violation of the Act on the Control of Narcotics, etc. ( marijuana) by selling and buying marijuana;

[Determination of Types] Reductions of Types 2 (marijus, flagbs, item (c), etc.) (Special Sentencings): Purchase or acceptance for medication, simple possession, etc.

[Scope of Recommendation] Imprisonment between 8 months and 1 year and 6 months (Mitigation). Second concurrent crimes: Violation of the Act on the Control of Narcotics, etc. (mariju) due to smoking in marijuana.

[Determination of Types] 2 (Sacing, Ma., Ma., etc.) medication, simple possession, etc. of narcotics / imprisonment from 8 months to 1 year and 6 months (basic area)

(d) The scope of final balancing according to the processing standards for multiple offenses;

From 10 to 3 years of imprisonment (basic crime maximum + 1/2 of the upper limit of concurrent crimes + 1/3 of the upper limit of concurrent crimes)

3. Determination of sentence;

Since narcotics-related crimes are not easy to detect due to their characteristics and are highly harmful to the society as well as individuals due to their halluity, gravity, etc., it is highly likely that illegality and criticism are serious. However, if the defendant recognizes all of the crimes in this case and does not stop the same crime, it shall be considered in light of the favorable circumstances that the defendant has no record of criminal punishment.

In addition, the defendant's age, health, character and conduct, family relationship, motive and circumstances of the crime of this case, and the circumstances of the crime of this case shall be determined as ordered by considering various sentencing conditions shown in the records of this case.