(영문) 서울중앙지방법원 2019.2.18. 선고 2018고합1053 판결

Nos. 1 through 6 of the evidence seized by the Seoul Central District Prosecutors' Office 2018Mo639, and subparagraphs 1 through 9 of the evidence seized by the Seoul Central District Prosecutors' Office 2018Mono. 6589 shall be confiscated from the accused.

12,00 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 History Office

"2018 Gohap1053"

1. Cannabis; and

The defendant conspired to import marijuana into the Republic of Korea in the United States (one name B, one name B, hereinafter referred to as "B") and the United States.

Around October 2018, B entered approximately 455 g of marijuana in plastic bags into a plastic box and stored it in a sub-sin, and then sent it to the Republic of Korea using international mail, and then sent it to the Republic of Korea using international mail, around 17:54 E on October 15, 2018. The Defendant received the said postal item at the entrance of Seocho-gu Seoul, Seoul, at around 22:14:20 on October 22, 2018.

Accordingly, in collusion with the above B, the Defendant imported approximately 455g of hemp into the Republic of Korea in the United States.

2. Smoking marijuana;

On October 19, 2018, the Defendant: (a) made the Defendant’s residence, Gangnam-gu Seoul Building; (b) marked the amount of marijuana on the g building in Gangnam-gu, Seoul, and H, which is the Defendant’s residence; (c) allowed the Defendant to pass through the water located in the pest, and smoked by inhaleing it.

"2019, 49"

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled the hemp and psychotropic drug strokes (the name of the goods, "self-strokes"; hereinafter referred to as "self-strokes") as follows:

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

A. On November 5, 2017, the Defendant smoked marijuana in such a way as to inhale, together with K and J, the remaining smokes caused by drilling of the marith in the upper part of the body and the side part of the body, etc. at an influent family room projected by J in Jung-gu Seoul, Jung-gu, Seoul.

B. On November 2017, 2017, the Defendant smoked in the above manner, together with J and K, the quantities of marijuana in the above I’s room outside of the hotel.

C. On September 27, 2018, the Defendant smoked marijuana in such a way as to inhale the smoke generated by heating it into a straw on the lids of plastics, which was made by drilling the hole promptly at the place of residence of the said Defendant (hereinafter referred to as “the studs”).

D. On October 2, 2018, around 16:50, the Defendant kept approximately 0.22 g of marijuana in the so-called “consemnancy” of the above Defendant’s residence, and possessed it.

2. Violation of the Narcotics Control Act;

On October 2, 2018, at around 16:50, the Defendant kept his/her abortion 7 in his/her dwelling place, and carried his/her abortion.

3. Damage to public goods;

On October 4, 2018, at around 16:20, the Defendant arrested from the cell of the Seoul Seongbuk Police Station located in Seongbuk-gu, Seongbuk-gu, Seoul, Seoul, on the charge of marijuana possession, etc., and detained in the above cell, and then opened the above entrance at two times on the ground that police officers requested to move to the hospital. However, on the ground that police officers did not enter it, the Defendant opened the entrance of the elbow glass cell on two occasions and opened the entrance, and then damaged the toilet entrance, etc. of the detention cell so that the repair cost of KRW 596,300 is 59,00.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

"2018 Gohap1053"

1. Defendant's legal statement;

1.-In the Incheon Headquarters Customs Declaration, - an analysis report, - a delivery certificate, - the Seocho-gu Seoul L Building, the hemp smoking tool photographs, an investigation report (verification of suspect mobile phone text messages, etc.), - an appraisal report [30], - an appraisal report (hereinafter referred to as the “satisfy”) - an appraisal report (training of satisfys”), and a photograph of a video file photograph;

1. Each protocol of seizure (number 7, 10, 13), list of seizure, - photographs of the scene of seizure;

"20197Gohap49"

1. Defendant's legal statement;

1. Written statements prepared by each police officer's protocol of interrogation of the police against J (four times), K and J, and M;

1. An investigation report (additional crimes against damage to the equipment in the detention room and planned investigation), each written request for appraisal (2018-H-19275), each written request for appraisal (2018-H-19275), an investigation report (Attachment of a written estimate to a detention room), a written request for appraisal (20-H-19280) (20-H-19280), and CCTV images CDs against CCTVs damage to a suspect A’s public goods;

1. Records of seizure (number 6), lists of seizure (number 7), photographs of seized articles;

Application of Statutes

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

Article 58 (1) 5 and Article 3 subparagraph 7 of the Narcotics Control Act, Article 30 of the Criminal Act, Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc. (for each crime committed on November 5, 2017 and on November 1, 2017, Article 30 of the Criminal Act is added, for each crime committed on the first police officer, Article 30 of the Criminal Act, for each crime committed on the first police officer, Article 61 (1) 6 and Article 4 (1) 2 of the Narcotics Control Act, Article 61 (1) 5, Article 61 (1) 5, and Article 4 (1) 1, and Article 2 subparagraph 3 (d) of the Narcotics Control Act, Article 141 (1) of the Criminal Act (the selection of imprisonment with labor), Article 141 (1) of the Act on the Control of Narcotics, Etc.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 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. (referring to the Act on the Aggravated Punishment, etc. of Narcotics, etc.) due to the largest marijuana

1. Discretionary mitigation;

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

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

【Reasons for Calculation of Surcharge】

The value of marijuana, approximately 455g sealed by the defendant, approximately 0.22g of marijuana, and approximately 0.22g of marijuana possessed by him, shall be confiscated in its entirety and shall not be collected as a result. The value shall be collected as a penalty only for the act of smoking marijuana over four times in total.

According to the monthly trend of narcotics, since the cancer trading price for smoking once in marijuana is 3,000 won, the value to be collected from the Defendant is 12,000 won in total (=4 x 3,000 won).

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from June to June 22 months;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: A crime of violation of the Act on the Control of Narcotics, etc. (marijuth) due to marijuana smuggling;

[Determination of Types] Export, Import, etc.

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 2 years to 4 years of imprisonment

(b) Combined crimes: Crimes of violation of the Act on the Control of Narcotics, etc. (marijuth) by smoking marijuana;

[Determination of Types] Medication, Simple Possession, etc. (ma) 2 types (ma, math (ma, etc.)

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 8 months to 1 year and 6 months;

From two years to five years of imprisonment;

(d) the scope of modified recommendations;

From June to May of 2, 2000 (the lower limit of the applicable sentencing is higher than the lower limit of the recommended sentencing in the light of the law)

3. Determination of sentence;

The Defendant sealed marijuana, smoked it over several occasions, and possessed marijuana and psychotropic drugs. Narcotics crimes are not easy to detect due to their characteristics, and have high risk of recidivism, as well as considerable negative impacts on the society due to the cryptability and toxicity, etc., and further, are likely to be criticized as being likely to cause additional crimes due to the spread of narcotics and the possibility of causing the spread of narcotics. The amount of marijuana sealed by the Defendant is approximately 45g, and the nature of the offense is bad in view of the quantity of the smuggling, the method and circumstances of the smuggling, and the circumstances before and after the commission of the crime. The Defendant was arrested and detained in the police as a narcotics crime and damaged public goods.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, circumstances after the crime, etc., when comprehensively taking into account the following factors: the defendant's age, character and conduct, family relation, motive and consequence of the crime, all of the marijuana sealed by the defendant is confiscated in an investigative agency and used in Korea or not distributed in time; and the fact that the defendant has no same kind of crime.