(영문) 서울중앙지방법원 2014.4.24. 선고 2014고합197 판결

3. marijuana, seized 6.4g, 3.91g, 5.63g, 8.48g (Evidence 1 through 4), 1 disease (Evidence 5), 2g (Evidence 6.7) and 1 package (Evidence 8) shall be confiscated;

4. 1,500 won shall be collected from the defendant.

Reasons

Criminal facts

No person shall import or smoke marijuana.

1. Import of marijuana;

On December 23, 2013, the Defendant, at the Defendant’s residence of Gangnam-gu Seoul, Seoul, 301 (D), carried out an online game called “E and Leagle” in the U.S. Si of Washington, using a computer, carried out a voice hosting, and sent it to the Republic of Korea by E, imported and smoke marijuana. On December 23, 2013, the Defendant, at the national bank account (Account Number:F) account in the Defendant’s name, remitted 270 US dollars (298,714 won) from the price of marijuana to the bank account in the Defendant’s name.

Then, around December 27, 2013, he/she stored marijuana 24.42 g of transparent vinyl 24.42 in the ground bed and packed as an international ordinary mail by concealing it in the ground bed and packed as an international ordinary mail. The addressee is a processed person consulted in advance with the Defendant; the place of receipt is Gangnam-gu Seoul H, 301, Seoul, the domicile of the Defendant.

[Road Name Address: Gangnam-gu Seoul, 301 (D)] was sent.

Since then, on January 1, 2014, at around 20:18, an international ordinary postal item concealed as above, was returned to the Incheon State’s port located in the Jung-gu Incheon Metropolitan Government Round, and then was delivered to the Defendant’s residence. On January 14, 2014, at around 23:00, the Defendant requested the State Party of Jung-gu, in which he lives, to receive the said international ordinary postal item in lieu of the said international ordinary postal item.

In collusion with E, the Defendant imported 24.42g of hemp from the United States to the Republic of Korea.

2. Smoking marijuana;

On December 2, 2013, at the Defendant’s house, the Defendant dying a small number of joints of mouths by drilling the mouths under part of the mouths, and dyping it on the mouths by attaching a fire at approximately 0.5g of the hemp that it opened on the mouths. The Defendant dyping a smoke that may occur in the course of smoking the hemps through the hole of the bottom part of the said pest.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the detection and detection photographs;

1. Seizure records;

1. Each investigation report (the receipt of criminal information, the process of delivery for each control, the confirmation of G phone numbers stored in a mobile phone used by a suspect A, the confirmation of smoking in marijuana by urine appraisal, telephone details, telephone conversations attachment, mobile analysis results, suspect's details of transactions in a national bank account, confirmation of the price of marijuana) and accompanying data;

1. Recording notes, reports, and accompanying materials;

1. Request for component analysis, report on the result of analysis, and notification on the result of appraisal of narcotics;

Application of Statutes

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

○ Import of marijuana: Article 58(1)5 and Article 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (Selection of Imprisonment with prison labor)

○ point of smoking marijuana: Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Narcotics Control Act (Optional to Imprisonment)

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments of the crimes of violation of the Act on the Control of Narcotics, etc. (mathal) on the grounds of the import of marijuana with heavy shapes of Articles 38 (1) 2 and 50 of the Criminal Act)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act ( repeatedly taking into account favorable circumstances among the reasons for sentencing below)

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act, and Article 48 (1) 1 of the Criminal Act (Article 48 (1) 4 of the Criminal Act shall be confiscated only for the portion other than 0.1g used for each appraisal)

1. Additional collection:

proviso to Article 67 of the Narcotics Control Act (the amount to be collected shall be calculated by applying 1,500 won to the smoking of marijuana, applying 1,500 won, which is the price for cancer trade once in Seoul Special Metropolitan City on December 2, 2013)

Reasons for sentencing

1. Scope of recommendations;

(a) Crimes of violating the Act on the Control of Narcotics, etc. (mariana) by importing marijuana;

(i)types;

Narcotic drugs, export, manufacture, etc., Category 2 (mariju, flac.)

(ii)the basic territory of the recommendations;

(iii) the scope of recommendations;

From two years to four years of imprisonment; or

(b) Violation of the Act on the Control of Narcotics, etc. by smoking marijuana;

(i)types;

Narcotic drugs, medication, simple possession, etc., Type 2 (mariju, malith (d) and (e), etc.)

(ii)the basic territory of the recommendations;

(iii) the scope of recommendations;

From 8 months to 1 year and 6 months of imprisonment;

(c) Two years or more of imprisonment with prison labor for a majority of crimes, or four years or nine months of imprisonment (one-half of the maximum sentence scope of the crimes of violation of the Act on the Control of Narcotics, etc. (mariana) by the import of marijuana, which is the basic crime, shall be added to the maximum sentence scope of the crimes of violation of the Act on the Control of Narcotics

(d) the scope of modified recommendations;

From 2 years and 6 months of imprisonment to 4 years and 9 months of imprisonment (Considering that the lower limit of the applicable sentences is 2 years and 6 months);

2. Determination of sentence;

Since narcotics crimes, in particular, the act of importing narcotics is highly likely to cause serious social harm, it is necessary to strictly punish them, and the fact that the amount of marijuana imported by the defendant is not large, etc. shall be considered as disadvantageous circumstances to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant was the first offender and has engaged in a relatively faithful social life, that the defendant only caused the import of marijuana in order to prepare marijuana to be used by him, and that he did not think that he intended to distribute it during the time. The whole amount of the imported marijuana was seized and not distributed or used, and that the defendant led to the confession of all of each of the crimes of this case and seriously against himself.

The punishment shall be determined in consideration of all the circumstances shown in the pleadings of this case, such as the age, character and conduct, environment, means and result of the crime, and the circumstances after the crime.