(영문) 서울중앙지방법원 2018.3.13. 선고 2018고합76 판결

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment became final and conclusive. The defendant shall be ordered to attend the 40-hour pharmacologic treatment course. 3,893,000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Reasons

Criminal facts

1. Purchasing marijuana;

A. On July 3, 2016, at around 16:43, the Defendant decided to purchase approximately 9g of marijuana from the seller on the deep web site, and transferred 1.4 million won to the e-mail of 'E', a single bitco, a D operator, a single bitco in the amount of KRW 1.4 million, to the e-mail of 'E'. At around 21:00 on the same day, the Defendant found about about 9g of marijuana at the French-gu Seoul, known by the seller, and purchased it.

B. On August 29, 2016, around 22:39, the Defendant purchased approximately 2g of marijuana from F (ID) on the “D’s deep web site,” and transferred approximately 3.90,000 won to Bitcoin, and sought approximately 2g of marijuana from the French, Gangnam-gu Seoul, where F was informed of, around 01:0 on August 30, 2016, and purchased it. The Defendant purchased approximately 7gg of marijuana from the seller on the “D of the deep Web” site on September 22:51, 2016, notified the seller of approximately 110,000 won to Bitcoin’s exclusive use of the foregoing EM and purchased it from Gangnam-gu, to the seller on September 16, 2016.

D. On December 23, 2016, around 21:03, the Defendant decided to purchase approximately 8g of marijuana from H (ID: ‘ID', ‘J') at the “D’ site of the deep web, and remitted the bitco equivalent to KRW 1 million in the Republic of Korea, and around December 24, 2016, the Defendant found approximately 8g of marijuana and purchased it under the air-conditioning system near the Seocho-gu Seoul Metropolitan Government KRL entrance.

2. Smoking marijuana;

From June 18, 2017, between June 18, 2017 and June 22, 15:00, the Defendant: (a) put about 1g of marijuana into rollers and smoked in the manner of smoking, such as tobacco, at the residence of “Local Esphere-gu, U.S. Sheet” in Luxembourg.

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of H by the police;

1. The details of transactions between bitcos and the location where marijuana is concealed;

1. A narcotics appraisal statement (74 pages) and the entry or departure status of each individual;

1. Investigation report (to calculate the market price report and the amount collected, and to append the monthly trend of narcotics);

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 point of the purchase of marijuana at the time of the market) of the former Narcotics Control Act (Amended by Act No. 14019, Feb. 3, 2016); Articles 59(1)7 and 3 subparag. 7 (the point of the purchase of marijuana at the time of the market) of the Narcotics Control Act; Articles 61(1)4(a) and 3 subparag. 10(a) of the Narcotics Control Act (the point of the purchase of marijuana at the time of the market)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

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 grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [Additional Imposition] 3,893,00 won in total (=1 + 2)

① Purchase of marijuana: 3,890,000 won (=1,400,000 won + 390,000 won + + 1,100,000 won + Total of 1,00,000 won, and each purchase price)

(2) Smoking: 3,00 won (=per smoking once 】 3,000 won)

1. Order of provisional payment;

1. Scope of applicable sentences by law: June - June 22, 22

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

(a) Basic and derivative concurrent crimes: Purchase or receipt for medication, simple possession, etc., of narcotics offenses (a) in violation of the Act on the Control of Narcotics, etc. (a decision on types of marijuana) due to the purchase of marijuana, such as assistance in the trade thereof, etc.;

[Scope of Recommendation] 8 months - One year and six months (Mitigations)

(b)The range of final recommendations in accordance with the standards for dealing with multiple crimes: August - Two years and September 1/2, and 1/3, respectively, shall be added to the upper limit of the recommended sentences for the first and second concurrent crimes.

3. Determination of sentence: The criminal defendant purchases marijuana over the total four occasions, and smokes once, and the amount of marijuana purchased by the defendant is not much specified, and the criminal nature is not good in light of the frequency and repetition of the criminal act, and the social harm and injury of the narcotics crime.

However, all the defendants have led to the confession of crimes. The circumstances in which the defendant purchased marijuana for smoking and distributed the purchased marijuana do not seem to exist. It is a primary offender who has no criminal power. The social ties of the defendant are relatively clear, and it is considered that there is a short-term intention.

In addition, the punishment shall be determined as ordered in comprehensive consideration of all the sentencing factors shown in the records and pleadings, such as the age, character and conduct, environment, family relationship, motive and circumstances after the crime, etc.