(영문) 서울중앙지방법원 2018.7.27. 선고 2018고합583 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. 10,840,000 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 History Office

1. Purchasing marijuana;

On January 10, 2017, around 23:07, the Defendant: (a) decided to sell narcotics, etc. E (one-time F) and marijuana known through “D, a specialized site for the sale of deep web of the Internet; (b) transferred approximately KRW 700,000 to Bitcoin (0.7149015btc) to Bitcoin address G known by E; and (c) purchased marijuana in the way of “the so-called "the so-called, where the Defendant found about about 5g of marijuana at the bottom of the post near H Station in Seoul, Jung-gu.”

From October 30, 2015 to January 15, 2018, the Defendant purchased approximately KRW 1,080,000,000 for marijuana 85gs in total, as indicated in the following list of crimes (1), from the sale of marijuana from 'D' to 'D' to 'D' during the course of the sale of marijuana. The Defendant purchased approximately 1,080,000 won in total, as indicated in the following list of crimes:

A person shall be appointed.

2. Smoking marijuana;

around 23:00 on October 30, 2015, the Defendant removed the marijuana purchased as indicated in No. 1 per annum (1) from the Defendant’s dwelling area of the Jung-gu Seoul Special Metropolitan City P Building 205, as indicated in the crime sight (1), and puts the smoke of the ordinary tobacco into approximately 2gs purchased in the said area, and smoked marijuana in a way of spreading the smoke.

In addition, from around 10, 30, to January 15, 2018, the Defendant smoked marijuana in a total of 14 times as indicated below in the list of crimes (2). The list of crimes (2)

A person shall be appointed.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of E;

1. Application of Acts and subordinate statutes to the details of transactions in bitcos and each statement of narcotics appraisal (investigative Records No. 217 pages, 242 pages);

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

Article 59(1)7 and 3 subparag. 9 of the former Narcotics Control Act (amended by Act No. 14019, Feb. 3, 2016 and enforced on November 3, 2016) (the purchase of marijuana listed in items (1) through (8) of the crime sight table), Article 59(1)7 and 3 subparag. 7 of the Act on the Control of Narcotics, Etc. (the purchase of marijuana listed in items (1) No. 9 through 14 of the crime sight table), Article 61(1)4 (a) and Article 3 subparag. 10 (a) of the Act on the Control of Narcotics, Etc. (the use of marijuana in items (1) through (1) of the crime sight table), Article 59(1)7 and 3 of the Act on the Control of Narcotics, Etc.)

Articles 52(1) and 55(1)3 (self-denunciation) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") due to the purchase of marijuana from March 5, 2017, which is the largest punishment

1. Suspension of execution;

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

1. Additional collection:

Article 67 (proviso 1 of the Narcotics Control Act)

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 recommended sentences according to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) due to the purchase of marijuana;

[Determination of Types] Reductions of Type 2 (Sariju, flagbb and item (c), etc.): Purchase or receipt for medication, simple possession, etc., self-denunciation, and cooperation in important investigations and investigations, for the purpose of medication and simple possession.

[Scope of Recommendation] Special Mitigation, 4 months to 1 year and 6 months

(b) Crimes of violation of the Act on the Control of Narcotics, etc. ( marijuana) due to smoking in marijuana;

[Determination of Types] 2 (Sariju, Do administration, item (d) and (e) of medication, simple possession, etc. of narcotics (special saves): Self-denunciation and important cooperation in investigation.

[Scope of Recommendation] Special Mitigation Area, 3 months to 10 months. The scope of Recommendation according to the standards for handling multiple crimes: Imprisonment for 4 months to 2 years (the upper limit of basic crimes + 1/2 of the upper limit of 2 crimes + 1/3 of the upper limit of 3 crimes) decision of sentence;

The following circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, and various sentencing factors specified in the arguments in the instant case, such as the circumstances after the crime, shall be determined as the order.

○ Unfavorable Circumstances: Narcotics crimes are highly harmful to the society due to addiction and the gravity of crimes, etc.; thus, they need to be strictly punished. Each of the crimes in this case is that the Defendant purchased and smoked marijuana over 14 occasions, which is narcotics, etc., and the quality of the crimes in light of the frequency, period, and quantity.

The circumstances favorable to ○○: (a) the Defendant voluntarily surrenders to the Republic of Korea; (b) was recognized by the investigative agency to commit all the crimes from the investigative agency to this court; and (c) the Defendant cooperateed in the investigation by providing information on the route and method of trading narcotics, etc. during the investigation process. There is no criminal history against the Defendant. The Defendant appears to have purchased marijuana for the purpose of personal smoking, not for distribution in the market, but for personal smoking. The Defendant’s family members want to take the lead toward the Defendant.

Judges

The presiding judge, judges and assistant judges

Judges Park Jong-ro

Judges Park Jae-gu

Note tin

1) Article 70 of the former Narcotics Act (the former Psychotropic Drugs Control Act) (Article 70 of the former Psychotropic Drugs Control Act, Article 6146 of the former Psychotropic Drugs Control Act, along with the former Psychotropic Drugs Control Act, January 12, 200

Article 2 of the Addenda to the Act on the Control of Narcotics, Etc. was repealed and integrated into the Act on the Control of Narcotics, etc., and Article 70 of the former Narcotics Act

The value of the narcotics to be collected in accordance with the provision of section 67 shall mean the trade price in the market.

If the ordinary transaction price is not formed, it shall be based on the actual transaction price (Supreme Court Decision 83Do3 delivered on September 13, 1983).

1927) The Defendant purchased marijuana 85g, which was offered to the instant crime for the purchase of marijuana, through D. D, “D” means the deep web of the Internet.

Since the sale price formed through 'D' is a place where marijuana trade with many unspecified persons is conducted as a specialized site for sale, the defendant is the defendant.

This constitutes an ordinary transaction price of the hemp purchased, and the ordinary transaction price of the hemp purchased by the defendant at the time of the pronouncement of this judgment shall also be different.

Therefore, it is reasonable to view that the Defendant’s purchase price of marijuana is calculated as a surcharge.

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