(영문) 서울중앙지방법원 2018.2.8. 선고 2018고합44 판결

However, the execution of the above punishment shall be suspended for four years from the date when the above judgment became final and conclusive. To order the defendant to attend the pharmacologic treatment course for 40 hours. KRW 1,060,000 shall be collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the following psychotropic drugs such as Meart cancer (hereinafter referred to as 'philopon'), MMA (hereinafter referred to as 'Epopon'), and Kenya as follows:

1. C and co-offenders;

The defendant and C had the market value marginal profits by importing narcotics such as phiphonephones in Thailand and selling them in Korea.

A. On August 8, 2017, the import of narcotics, etc.: (a) around 2 g of opononon in Thailand; (b) over 10 g of the X-gu in X-gu; and (c) where approximately 2 g of the Kenya is concealed inside the ice and then delivered them by means of international call (Ems). On August 11, 2017, the Defendant sought the said opon, etc. contained in the international call box in the storage of the above goods. Accordingly, the Defendant imported the opon, X-gu and Kenya in collusion with C.

(b) Sale of narcotics;

The Defendant subdivided narcotics imported as above, concealed them in subway goods storage boxes, etc., sent them to Category C with the receipts, photographs and passwords kept in custody, and C conspired to sell narcotics, etc. in such a way as to enable buyers to search for narcotics, etc. by comparing transaction conditions with buyers in Korea with mobile phone-type display displays in Thailand, and transfer them to Category C with the transaction conditions of narcotics, etc.

In keeping goods No. 133 in the G subway station No. 133 in Jongno-gu Seoul Metropolitan Government, the Defendant stated 2g Kenya and EXP 1, informed C of the receipt and password of the storage box C, and C, around 15:58 on August 12, 2017, transferred 80,000 won to the new bank account (H) in the name of the account in the name of the depositor C in the name of IT and sent the password to the depositor. At that time, the Defendant kept the name in the above custody and found X-si and Kenya.

As a result, the Defendant conspired with C to sell X-si and Kenya.

2. Receipt of narcotics;

A. On July 22, 2017, around 54, the Defendant received two vinyls from C, which contain approximately 2 ghopon, approximately 4 X-si, and approximately 0.15 g of Kenya, from the non-explosion guest room near the mid-gu Seoul, Jung-gu, Seoul.

B. On July 30, 2017, the Defendant received approximately two g phiphones from C at the second guest room of the J building in Jung-gu Seoul, Jung-gu, Seoul.

In this respect, the defendant received narcotics such as philophones more than twice.

3. Medication of narcotics;

A. On July 30, 2017, the Defendant, at the second guest room of the said J building, put in a glass disease an influoricopon (ordinaryly 0.03 to 0.05 g), administered phiphones by means of heating the phiphones into a glass disease, and driving the phiphones.

B. Around July 30, 2017, the Defendant administered a 'L' club located in Yongsan-gu Seoul Metropolitan Government, in a manner that promptly bifine bifines (ordinary one-time medication, 0.03-05g), and inhales the cifine into the cifine. Around July 30, 2017, the Defendant administered the cifine one by drinking together with water.

4. Control and possession of narcotics;

A. On August 13, 2017, the Defendant: (a) put one vinyl (including 1.38g in weight) containing phiphones in the storage of the goods No. 130, the Jongno-gu Seoul M subway Station; (b) managed philophones. (c) On August 30, 2017, the Defendant possessed two vinyls containing phiphones (including 0.97g, 1.14g, respectively in weight); (d) two vinyls containing urphones (including 0.42g, 0.60g, each weight) and X 11 piston.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against C (Evidence Nos. 31, 35);

1. The status of the Seoul Central District Court Decision 2017 High Court Decision 937 Court Decision and the entry and departure of individuals;

1. A report on investigation (the sequence 43 of evidence list);

1. The result of the suspect A's summary trial procedure;

1. Each protocol of seizure (Ad Hoc) and each list of seizures (Evidence Nos. 4 to 7. 16, 27, 29) 1. 4 copies of receipts for the storage of goods, photographs of seized goods, PO photographs, / [Duplicate] A, and / [Duplicate] within the account transaction; 1. Each narcotics appraisal report (Evidence Nos. 24, 25, 27, 29 of the Evidence List);

1. Article applicable to criminal facts;

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the import of phiphonephones, X-types, Kenyas), Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act (the trade of X-gu and Kenyas), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. (the trade of X-gu and Kenyas), Articles 60(1)2, 60(1)2, and 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. (the receipt of opphones, X-phonephones, the receipt of opphones, the fact of opphones, the management.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act ((1) of the Act on the Control of Narcotics, etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") shall be subject to the punishment prescribed for the violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of phiphonephonephones as stated in paragraph (1) of the judgment, X masters and Kenya, and the importation of phiphonephones as described in the same paragraph, (2) the punishment for the violation of the Act on the Control of Narcotics, etc. (fence) due to the sale and purchase of 2-1 of the judgment, (3) the punishment for the violation of the Act on the Control of Narcotics, etc. (fence), the punishment for the violation of the Act on the Control of Narcotics, etc. (fence), the punishment for the violation of the Act on the Control of Narcotics, etc. due to the use of phiphonephones as described in paragraph (1) of the judgment, and (f) the punishment for the violation of the Act on the Control of Narcotics, etc. (fance) due to the use of phiphone.).

1. Selection of punishment;

With respect to the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring), imprisonment with prison labor shall be imposed on each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavoon) due to the importation of phiphones, with respect to imprisonment with prison labor, with respect to the trade of urphones, giving or receiving of phiphones, the administration of X-

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes Concerning the Violation of the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the Import of Handphones with the largest punishment)

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 considering favorable circumstances among the reasons for sentencing as follows)

1. Order to attend lectures;

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

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (additional charge) / [Calculation] 800,000 won for the sale of X masterss and Kenyas (paragraph 1-2 (b) at the time of the market), + 100,000 won for the one-time medication of philopon (paragraph (a) at the market market No. 3-A) + 80,000 won for the one-time medication of Kenyas (paragraph 3-b) + 80,000 won for the one-time medication of Xpopon (paragraph 3-b) = 1,060,000 won for the one-time medication of Xpopon (paragraph 3-b) = 1,000 won for the provisional payment order;

Article 334(1) of the Criminal Procedure Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor of two years and six months from June to June 22

2. Scope of recommendations according to the sentencing criteria;

Second Crimes

[Scope of Recommendation] Class 3 (Narcotic Drugs, Local Government Affairs, item (a) and (b), etc.) are mitigated (2 years to June 5) (2 years to special mitigation) and where there are grounds for special consideration in relation to the commission of a crime or motive for a crime

[Scope of Recommendation] Basic Area (1-2 years or more) of Type 2 (mariana, native item (b) and (c), etc.)

【Specially Convicted Person】 3 Crimes

[Scope of Recommendation] Simple possession, etc. of medication, the basic area (10-2 years from October to 2) of Type 3.

【Special Convicted Person】

* The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for two years and six months to six months;

3. Crimes related to narcotics, etc., such as the crime of this case, are not easy to detect due to their unique characteristics, and are highly harmful to the society as well as the relevant individuals due to decryptability, toxicity, etc., and thus, its illegality and possibility of criticism is serious. The Defendant, in collusion with C, imported and sold phiphonephones, X posters, and Kenya, and managed and possessed phiphonephones from C, and directly administered them. In addition, the Defendant committed several crimes related to narcotics, etc. of this case for a short period of time, and the transfer of narcotics, etc. handled by the Defendant. In light of these circumstances, it is necessary to strictly punish the Defendant on account of the nature and circumstances of the crime of this case as well as the crime of this case.

However, all of the instant crimes were committed by the Defendant, and they are in profoundly against the Defendant. The Defendant appears to have participated in the instant crime according to the demand of pro-Japanese, and the degree of participation is not limited in light of the import and sale of phiphonephones, etc. and the income therefrom. In addition, the Defendant has no record of criminal punishment, and it is clear that social ties relationship as a university student has

In addition, in consideration of all the circumstances, such as the age, character and conduct, circumstances of the crime, and circumstances after the crime, the punishment as ordered shall be determined in the same manner as the sentencing of the defendant.