(영문) 인천지방법원 2019.12.10. 선고 2019고합750 판결

6 points for marijuana 1.6 (Nos. 1 through 6) seized, 3 1.3 (No. 10), each of the remaining items used for each appraisal, and 1 bef tobacco (electronic tobacco No. 11) shall be confiscated.

178,518 won shall be additionally collected from the defendant.

It shall order the provisional payment of an amount equivalent to the above additional collection.

Reasons

Criminal facts

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, etc. (fixd, trading, use, and medication of ls or ambamins);

(a) Trading and use of ls;

1) From February 2018 to March 2, 2018 of the same year, the Defendant decided to purchase lsD 2, a psychotropic drug, from a person under whose name it sells narcotics using SNS Lone Star Program, and purchased lsD by means of remitting approximately 100 US dollars to the person under whose name it had been transferred through remittance fish option VENMO, and receiving approximately 10 US dollars from Bhigh School dormitories located in the United States.

2) The Defendant used lsds by melting lsds in the same date, time, and place as lsds 1/4 at the same time and place as lsd 1/4.

(b) Sale, purchase, and administration of amapests;

1) On December 2018, the Defendant purchased approximately KRW 75 from the Defendant’s friendship-gu at the above B High School, with the approval of about 5 U.S. P. C. C. A. 5 P.C., psychotropic drugs.

2) On December 2018, the Defendant administered ambamins by using water together with water at the High School Library B around the end of the middle of the year 2018.

3) On December 2018, 2018, the Defendant administered ambamins by using water together with water at B high school libraries around the lower end of December, 2018.

2. Violation of the Act on the Control of Narcotics, etc. (mariju trading and smoking);

A. On April 2019, the Defendant smoked marijuana by inhaleing the smoke generated by sticking it to the smoking tools, along with his/her friendship at the dormitory of B High School, around the first half of the first half of the year.

B. On May 1, 2019, the Defendant smoked marijuana in the same manner and at the same place as Paragraph A, at the beginning of May 2019.

C. On May 2019, the Defendant smoked marijuana in the same manner as that of A around the mid-sup of May 2019.

D. Around August 2019, the Defendant: (a) decided to purchase marijuana mileages from a person under whose name the sales of narcotics using SNS Lone Star Program was made; and (b) transferred USD 150 to the above person under his name via Remittance VEMO; and (c) purchased six marijuana mileage points by receiving approximately KRW 150 from the Defendant’s mother’s residence located under the U.S. lower river.

E. On August 2019, the Defendant smoked marijuana in the manner as referred to in paragraph (a) in C, which is located under the U.S. lower court.

F. On August 2019, the Defendant smoked marijuana in D Park in the Republic of Korea, which is located under the influence of the United States, in the same manner as paragraph (a).

G. On September 2019, the Defendant smoked marijuana in the same manner as Paragraph (a) from E in the United States Denmark.

H. At around 16:00 on September 25, 2019, the Defendant smoked marijuana in F, which is located under the U.S. subordinate statute, in the same manner as (a).

3. Violation of the Act on the Control of Narcotics, etc. (flavoring), and violation of the Act on the Control of Narcotics, etc. (flavorings, ls, and marijuana);

At around 08:50 on September 27, 2019, the Defendant: (a) concealed the marith cart 2 points in a white wave in a white wave; (b) deposited the marith cart 2 points in a white marith machine; and (c) deposited the marith car 2 points in the marith machine inside the marith machine; and (d) concealed the marith car math in the mast machine inside the marith machine, which has been low for gambling; (b) concealed it in the marith of Article 3 (Section 1, 1/2, 1/4); and (c) stored it in the marist machine, and deposited it with baggage; and (d) arrive in Incheon International Airport on September 27, 2019 at Incheon International Airport on September 27, 2019:

Accordingly, the defendant imported LSD, ambamins, and marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Seizure protocol (No. 7 No. 5 of the evidence list);

1. Notification of the results of appraisal by the Supreme Prosecutors' Office, narcotics of the Republic of Korea (the detection of marijuana, lsd, ambatos), countries and responses to aquatic rupture appraisal, and training of marijuana;

1. One copy of the investigation report (inception of criminal information and emergency arrest of suspects), one copy of the report on detection of the Incheon Customs Office, one copy of the request for component analysis, investigation report (related to the results of the AA smartphone mobile system analysis), one copy of each part of the text of the extraction of message conversations on suspect smartphones, one copy of the search report (inception of this case), one copy of the text of the extract of message conversation on suspect smartphones, and eight months of the monthly trend of drugs and narcotics;

Application of Statutes

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

lsD Trading Point: Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Narcotics Control Act (Selection of Imprisonment with prison labor)

lsD Use: Article 59(1)5, Article 3 subparag. 5, and subparagraph 3 (a) of Article 2 of the Narcotics Control Act

The point of trade of ambamins: Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) (Optional to Imprisonment) of the Narcotics Control Act

The point of administration of each amacopic dose: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (each choice of imprisonment with labor) of the Act on the Control of Narcotics, Etc.

The point of each marijuana smoking: Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (Determination of imprisonment with prison labor);

Sales point of marijuana: Article 59(1)7 and Article 3 subparag. 7 of the Narcotics Control Act

lsD Import: Article 58(1)3, Article 3 subparag. 5, and Article 2 subparag. 3 (a) of the Narcotics Control Act (Selection of Imprisonment with prison labor)

Points of Import of ambamins: Article 58(1)6, Article 4(1)1, and Article 2 subparag. 3(b) (Selection of Imprisonment) of the Narcotics Control Act

Import point of marijuana: Article 58(1)5 and Article 3 subparag. 7 of the Narcotics Control Act (Selection of Imprisonment for a limited term)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the heavy ls Import from Crimes)

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, Article 60(3) of the Juvenile Act ( considered as being favorable for the reason of sentencing below)

1. Probation;

Article 62-2 of the Criminal Act

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 (refer to the grounds for calculating additional collection charges)

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. Non-application of the sentencing criteria;

Since the defendant is under the age of 19 at the time of the prosecution of this case, the sentencing guidelines do not apply.

3. Determination of sentence;

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances and the conditions of sentencing prescribed in Article 51 of the Criminal Act.

In order to protect our society and its members from the recent crimes of narcotics, etc. which have been globalized, wideized, and organized due to lsD, peting, and mathic toxicity, etc., it is necessary to strictly cope with the crime of narcotics, etc. In order to protect our society and its members. The crime of this case is that the defendant purchased ls, pets, and liquid marijuana in the United States, and used, injected, and smoked 10 times in total, and then imported the remaining narcotics again, the kind and nature of the narcotics handled (the relevant ls is known as the most strong exchange system, and the liquid marith marijuana is made with high concentration of marijuana), and the frequency of the crime, etc., the responsibility for the crime is heavy in light of the type and nature of the narcotics handled.

The circumstances favorable to ○: The Defendant recognized the instant crime and divided his mistake. The entire narcotics, etc. imported by the Defendant are confiscated to an investigative agency and actually used or distributed to him. The Defendant is a juvenile who has no record of criminal punishment and has not yet been able to improve his character and conduct through appropriate edification in the future.