(영문) 서울중앙지방법원 2017.2.1. 선고 2016고합1162 판결

No. 8.67g (Evidence No. 1) of the seized hemp, one disease (Evidence No. 2), one international cargo transport bag containing the goods, one (Evidence No. 5), and three (Evidence No. 6) of the boxes in which the goods were stored, shall be confiscated.

260,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

The defendant is not a person handling narcotics.

1. Violation of the Act on the Control of Narcotics;

(a) Smoking marijuana;

1) On May 9, 2016, around 02:00, the Defendant smoked by inserting approximately 1g of marijuana into a smoking machine made of free disease at a non-permanent location below the New York of the United States, and making a smoke generated by heating as a racker.

2) On May 2016, around 02:00, the Defendant smoked approximately 1g of marijuana in the same manner as the foregoing 1g at a non-permanent location below the New York of the United States.

(b) Import of marijuana;

The Defendant conspiredd with C residing in the United States to import marijuana into the Republic of Korea.

C On June 1016, 2016, after concealing approximately 8.67gg of marijuana to international express cargo (D), stated the place to receive it as "Seoul E 1201 of Gangnam-gu, and the addressee's name as "A", and sent it to the Republic of Korea. As such, international ordinary mail, which is concealed as above, arrived at the Incheon National Port on June 11, 2016 at F.

Accordingly, the Defendant imported approximately 8.67g of hemp in collusion with C in Korea.

2. Violation of the Narcotics Control Act;

A. At around 02:10 on May 9, 2016, the Defendant: (a) inserted the psychotropic drugs into a draft of MaDMA (hereinafter referred to as “EXP”) at a place below New York (hereinafter referred to as “the New York”), and administered them with water.

B. On May 2016, the Defendant, at around 02:10, administered, in a non-permanent location below the New York of the United States, a method of inserting the 1 set up of X-si and making it together with water.

Summary of Evidence

1. Defendant's legal statement;

1. Notification (number 32,45) of the results of legal and chemical appraisal (number 32,45), and a narcotics appraisal report (number 33,46);

1. Investigative report (in case of investigative report), investigation report (in case of report on import filed by A, etc. of a suspect), one copy of the cargo receipt certificate (G), one investigative report (in case of training of Apine marijuana of a suspect), and report on investigation (in case of results of investigation conducted by a suspect's maternity appraisal);

1. The present presence of any confiscated marijuana (Evidence No. 1), disease (Evidence No. 2), international cargo transport bag (Evidence No. 5) in which the goods were packed, and stuffs and vinyl (Evidence No. 6) in which the goods were stored;

Application of Statutes

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

Articles 61(1)4 (a), 3 subparag. 10 (a) (the point of the smoking of marijuana, the choice of imprisonment), 58(1)5, and 3 subparag. 7 of the Narcotics Control Act, Article 30 of the Criminal Act (the point of import of marijuana, the choice of limited imprisonment), Articles 60(1)2, 4(1)1, and 2 subparag. 3 (b) (the point of the smoking of marijuana, the choice of imprisonment), and Article 2 subparag. 3 (b) of the Narcotics Control Act.

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment on Narcotics, etc. (Aggravation of Concurrent Crimes) concerning the Punishment of Narcotics, etc. (Aggravated Punishment of Narcotics, etc.) due to the import of marijuana, the largest punishment provided for in the former part of Article 37, Article 38 (

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. Probation;

Article 62-2 (1) and (2) of the Criminal Act

1. Order to attend lectures;

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [the amount to be collected in addition: 2.60,00 won = the Smoking price of 100,000 won = (i.e., once X 2 times) + the X 160,000 won for the X 3 administered (= 80,000 won per time)

Reasons for sentencing

1. The scope of punishment;

From June to June 22

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

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

[Determination of Types] 2 Medications, simple possession, etc. (ma) of a narcotics crime group

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Basic Area)

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

[Determination of Types] Export, Import, Manufacture, etc. of Narcotics Crime Group; Type 2 (mariju, flac.)

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of two to four years

[Determination of Types] 3 types of medication, simple possession, etc. (b) and item (c) of narcotics crime group

【Special Convicted Person】

[Scope of Recommendation] Ten months to two years of imprisonment

(d) Scope of recommending punishment based on the standards for handling multiple crimes: Two years and six years to five years [the lower limit of applicable sentences under law shall be applied, while the upper limit of applicable sentences under law shall be 1/2 (1 year) of the upper limit of applicable sentences among concurrent crimes, and the second one-third (1/3 (8 months) of the upper limit of applicable sentences for high crimes].

3. Determination of sentence;

[Unfavorable Circumstances] Crimes of narcotics are not easy to detect the characteristics of the crime, and there is a need for severe punishment because they are not only high risk of recidivism but also have a negative impact on society as a whole. The Defendant smoked marijuana, administered the X-mail, and imported a considerable amount of marijuana. In this regard, the nature of the crime or the criminal administration is not easy.

[Liet circumstances] The Defendant first contacted marijuana and X posters in the United States, and imported marijuana for a mere smoking purpose, not for domestic distribution purposes. The imported marijuana was confiscated. They did not have any particular criminal history in addition to being suspended from indictment due to the violation of the Food Sanitation Act, and are contrary to recognizing all of the crimes.

In addition, the sentence shall be determined as per the order, comprehensively taking into account all the factors of sentencing as shown in the pleadings of the instant case, such as the circumstances in which the Defendant committed the instant crime, the age, character and conduct of the Defendant, and circumstances after the crime.