(영문) 서울중앙지방법원 2019.5.24. 선고 2019고합26 판결

However, from the date this judgment became final and conclusive, the execution of the above punishment shall be suspended for five years for Defendant A, and for two years for Defendant B.

To order the defendant A to be put on probation for three years.

To order the Defendants to attend the narcotics treatment lecture for 40 hours each time.

1. Each of the Defendant shall be confiscated, subject to seizure, one sheet (Evidence 18) used for inserting hemps, one sheet (Evidence 4S, 4S, 7), one electronic storage meter (Evidence 8), one tobacco pipe (Evidence 9), one vinyl containing a cocoin (Evidence 13), lsD 34 (Evidence 14), 57 vinyl presumed to contain the hemps (Evidence 18), one sheet (Evidence 19), one sheet of vinyl used for inserting hemps (Evidence 19), one sheet of vinyl used for subdividing the hemps (Evidence 19), one sheet of subdivision used for inserting the hemps (Evidence 20), one sheet of subdivision used for subdividing the hemps (Evidence 21), one sheet (Evidence 21) used for subdividing the hemps (Evidence 21) used for inserting the hemps, one sheet of vinyl 1 (Evidence 21) used for subdividing the hemps, and one sheet of 1 (Evidence 141).

1,383,00 won from Defendant A and 40,000 won from Defendant B shall be collected respectively.

To order the Defendants to pay an amount equivalent to the above additional charges.

Reasons

Criminal facts

1. Defendant A

A. The Defendant violated the Act on the Control of Narcotics, etc. (flavoking), and the Act on the Control of Narcotics, etc. (maMA, one name X-mail, hereinafter referred to as “EXP”) even though not a person handling narcotics, received a request from C to seek marijuana from psychotropic drugs (MMA, one name X-mail, and hereinafter referred to as “EXP”) and sold X posters, 4 and marijuana to C at an irregular place in Gangnam-gu Seoul Metropolitan Government Devis-dong (hereinafter referred to as “MMA”), around September 23:00, 2016 and received KRW 1,00,000 from C.

(b) Violation of the Narcotics Control Act;

1) Around 02:00 on September 2, 2016, the Defendant administered a medication in a manner that sells to C, as described in the foregoing paragraph (a) at his own residence located in Gangnam-gu Seoul Metropolitan Government D, with the water, the X-si 1 of the remainder.

2) On April 2018, the Defendant decided to purchase LSD (hereinafter “lsD”) and personal correspondence, which are psychotropic drugs, from a seller of narcotics, etc. having access to the Internet E site. On April 1, 2018, the Defendant purchased LSD and personal correspondence from a seller of narcotics, etc. having access to the Internet E site, using a method of purchasing LSD and personal correspondence (at least 25.7g gg g sl.) with a cash amount of KRW 1,00,000,000 under the air conditioner outside the house located in Seocho-gu Seoul, Seoul, which was designated by the seller of narcotics, etc. under the above name non-dissatisoning on the first and fourth day.

3) On April 2018, the Defendant used lsD 1, which was psychotropic drugs purchased as described in the above B-2, in his own residence located in Gangnam-gu Seoul, Gangnam-gu Seoul around the first day and by drinking them.

4) On April 2018, the Defendant used the psychotropic drugs purchased, such as the psychotropic drugs listed in paragraph (b)-2 of the above B-3 at the place indicated in paragraph (2) above, by mixing them with the psychotropic drugs purchased. Around that time, the Defendant used them by melting lsD 1, which is a psychotropic drug.

5) On April 2018, the Defendant laid down one lsD, which is a psychotropic drug purchased as stated in the foregoing paragraph b-2 at the place indicated in the foregoing paragraph b-3 at the lower end of 17:00, and used it by melting it.

1) On October 4, 2016, the Defendant received KRW 300,000,000 from C to its corporate bank account, and sold marijuana at around 01:00 on the 5th day of the same month, around 01:00, around 22:30.

2) On June 19, 2018, at the Internet around 23:00, the Defendant: (a) caused G to transfer a bitcoon equivalent to KRW 480,000 to a bitcoon on the face of his name; (b) purchased marijuana by means of bringing the mariage (at least KRW 7.05 g, at least) from the bottom of the air conditioner outside the air conditioner, designated by the above-mentioned Seoul Seocho-gu sales book.

3) At around 21:00 on June 26, 2018, the Defendant, as described in paragraph (c)(2) of this Article, smoked in a pipe with a smoke emitted with a fire attached to the pipe in his/her own residence located in Gangnam-gu Seoul Metropolitan Government.

(d) No person who violates the Act on the Control of Narcotics, etc. (narcotics) shall use narcotics;

On June 6, 2018, 19. 18:00, the Defendant, at his own residence located in Gangnam-gu Seoul Metropolitan Government F, has been used in a manner that inhales cocars into a book by spreading them on a book.

2. Defendant B

At around 20:00 on October 2, 2016, the Defendant, who is not a person handling narcotics, received psychotropic drugs from C in the toilet for I festival located in Mapo-gu Seoul Metropolitan Government H, and administered them in a way that they received psychotropic drugs from C, and made it3.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copy of each protocol of suspect examination of the police against C;

1. Each letter of appraisal of narcotics or narcotics (the No. 23 through 25 of the evidence list);

1. Seizure protocol (Evidence No. 14);

1. In cases of investigation reports (in cases of suspect A seized articles), photographs of seized articles attached thereto, investigation reports (in cases of relevant witnesses C, etc.), and copies of judgments attached thereto, investigation reports (in cases of relevant witnesses C, etc.), and monthly trends of narcotics attached thereto;

1. The details of text messages C and Defendant B, the details of each currency, the details of account transactions, the J screen, and the settlement of non-coin;

1. Photographs of the mobile phone;

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the point of sale or administration of an X-how), Articles 59(1)7, and 3 subparag. 7 (the point of sale or purchase of marijuana) of the Narcotics Control Act, Articles 58(1)3 and 3 subparag. 5, Article 2 subparag. 3(a) of the Narcotics Control Act (the point of purchase of lsD or private date), Articles 59(1)5, 3 subparag. 5, and 2 subparag. 3(a) of the Narcotics Control Act (the point of use of lsD or private date), Articles 61(1)4 (a), and 3 subparag. 10 (a) of the Narcotics Control Act, Article 60(1)1, Article 3 subparag. 1, Article 2 subparag. 2(d) of the Narcotics Control Act (the point of sale or purchase of marijuana) of the Narcotics Control Act, Article 2 subparag. 2(d) of the Narcotics Control Act

B. Defendant B

Each of the Act on the Control of Narcotics, Etc., Articles 60(1)2, 4(1), and 2 subparag. 3(b) (the point of receipt or medication of an X-Porcoper)

1. Formal concurrence (Defendant A);

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale of marijuana, the punishment of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale of heavy marijuana, the punishment of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of ls, the violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of ls, and the punishment of violation of the Act on the Control of Narcotics,

1. Selection of punishment;

A. Defendant A

A limited sentence shall be selected for the violation of the Act on the Control of Narcotics (flavoor) due to purchase of lsD, and each imprisonment shall be imposed for the violation of the Act on the Control of Narcotics (flavoor), the violation of the Act on the Control of Narcotics (flavoor), the violation of the Act on the Control of Narcotics, etc. due to smoking by marijuana, and the violation of the Act on the Control

B. Defendant B

each, the choice of imprisonment,

1. Aggravation of concurrent crimes (defendants);

Each of the Criminal Code, Articles 37 (former part), 38 (1) 2, and 50 (in the case of Defendant A, the punishment imposed on the violation of the Act on the Control of Narcotics, etc. due to the purchase of ls with the largest punishment; the punishment imposed on Defendant B; the aggravated punishment imposed on the violation of the Act on the Control of Narcotics, etc. due to the medication of EXP with the heavier punishment of the crime)

1. Discretionary mitigation (Defendant A);

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Article 55(1)3 of the Criminal Act)

1. Suspension of execution (the defendants);

Each of the provisions of Article 62(1) of the Criminal Act (The following consideration shall be given to each of the favorable reasons for sentencing):

1. Probation (Defendant A);

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

1. Order to attend a lecture (the accused);

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

1. The main sentence of Article 67 of the Act on the Management of Narcotics, Etc. (Defendant A);

[A prosecutor shall also confiscate the hemps seized 1.7g (Evidence No. 10), maris 18 (Evidence No. 11), lsD 1 (Evidence No. 12), 3 (Evidence No. 15), studs 1 (Evidence No. 16), 1 (Evidence No. 16), 9 (Evidence No. 17). However, each of the above seized articles is consumed in the course of appraisal (Evidence No. 450 of the Investigation Records), and each of the above seized article shall not be separately confiscated.]

1. Each collection (the defendants) and the proviso to Article 67 of the Narcotics Control Act;

A. Defendant A

○ Additional charge: 1,383,000 won

○ The basis for the calculation of additional collection charge: The amount equivalent to 1g of the quantity of marijuana corresponding to 1g, which is required for smoking as described in paragraph (1) of Article 1-A of the criminal facts + the amount equivalent to 80,000 won corresponding to 1,000 won at the X-si, which is required for the one-time medication of the X-type, as described in paragraph (1) of Article 1-A of the criminal facts + the amount equivalent to 300,000 won for the marijuana sold as described in paragraph (3) of Article 1-3 of the criminal facts + 3,000 won for the amount equivalent to 1g of marijuana required for smoking once as described in paragraph (3) of the criminal facts

○ Parts Excluded from additional collection

A person shall be appointed.

B. Defendant B

○ Additional charges: 40,000 won

○ Grounds for the calculation of additional collection charge: A value equivalent to the half of the X-type (1/2) used by Defendant B (i.e., the value equivalent to 1 X-1/2)

1. Ad hoc payment order:

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Whether the sentencing criteria are applied: The sentencing criteria are not applicable as they are mutually concurrent relations between the crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale of X masters and the crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the sale of marijuana, the crimes of violation of the Act on the Control of Narcotics, etc. due to the purchase of ls and the crimes of violation of the Act on the Control of Narcotics, etc

C. Determination of sentence: Imprisonment with prison labor for three years, suspension of execution for five years, probation for three years, and 40 hours of the Narcotics Treatment Manual are crimes that destroy the physical and mental health of a medication person and have a serious adverse effect on the society as well as on the whole. Due to its characteristics, it is not easy to detect recidivism. It is highly necessary to strictly cope with narcotics crimes in order to protect our society and its members from recent narcotics crimes being rapidly globalized, wideized and organized. From September 2016 to June 2018, Defendant A administered or smoke psychotropic drugs, X-si, ls and marijuana, ls and marijuana, and mari, and sold them to others. In particular, in light of the law of the instant crime including the use of virtual currency to trace an investigative agency in the process of purchasing marijuana, the period and frequency of the instant crime, etc., and it seems that there is no opportunity for the Defendant to be punished at the latest during the latest stage of the crime, but it seems that the Defendant did not have any character and conduct at the latest during the period of punishment.

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

(b) Scope of recommendations based on the sentencing criteria;

○ Crimes 1 [Violation of the Act on the Control of Narcotics, etc. (flavoring) by X-Por Road】

[Determination of Types] 01. Medication, simple possession, etc. (Type 3)

[Special Emotionals] Mitigations: Where there are extenuating circumstances such as participation in a crime or motive for crime.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of six months to one year and six months;

2 Crimes [Violation of the Act on the Control of Narcotics, etc. (flavoring) due to X-out medication]

[Determination of Type] 01, medication, simple possession, etc. of narcotics crimes

[Special Emotionals] Mitigations: Where there are extenuating circumstances such as participation in a crime or motive for crime.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of six months to one year and six months;

○ Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for six months to two years (the upper limit of crimes 1 + the upper limit of crimes 1/2)

C. Determination of sentence: The nature of the crime of this case committed by Defendant B is not good, as seen in the grounds of sentencing against Defendant A for six months of imprisonment, two years of suspended sentence, 40 hours of the Narcotics Treatment River, as seen in the grounds of sentencing against Defendant B. However, Defendant B has no record of being punished for the same kind of crime, Defendant B is deemed to have committed the crime of this case only once in simple voice, and it appears that Defendant B committed the crime of this case only once at the latest, and his mistake is divided at the latest, and other circumstances that are conditions of sentencing, such as Defendant B’s age, character and conduct, occupation, environment, and family relationship.

Judges

The judge of the presiding judge shall be net;

Judges Kim Gin-han

Judges Kim Jae-han

Note tin

1) Since the volume of the letter purchased by Defendant A is not verified, the crime of purchase of lsD is deemed to be more severe.

2) However, since lsd 9 were consumed in the appraisal process and the remaining 34 pages were returned, the final confiscation of lsd 34 was sentenced only.

3) However, as seen earlier, that the above marijuana 1.7gs are consumed in the course of appraisal and thus it is impossible to separately confiscate the said marijuana.

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