(영문) 서울중앙지방법원 2017.1.13. 선고 2016고합1272 판결

Articles listed in the attached list (Evidence Nos. 1 through 24, No. 34 shall be excluded from the amount of appraisal consumed) seized from the accused.

3,321,00 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 facts

Even though the defendant is not a person handling narcotics, the defendant treated the psychotropic drugs as follows: Megatop (one philophone; hereinafter referred to as "philophone"):

1. Manufacture of philophones;

On May 2016, the Defendant studies and analyzed the manufacturing method of philophones, such as nature and ingredients, chemical formula, molecular volume, scalopon extraction method, phased mixing method and extraction method, equipment list, etc. of chemical substance and materials from the time of having the mind that the Defendant would manufacture and sell philophones for the purpose of preparing living expenses because of the lack of workplace.

In order to manufacture philophones from June to August 2016, the Defendant purchased manufacturing equipment, such as 10 poppy straws (10 straws, 100 straws, 100 straws, 500 straws, 50 straws, 50,000 straws) containing philophones, and 400 mphin acids, copherumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumumum, 14 straw pumpss, walpumumumumumumumumumumumumumumumum, red-ray survey equipment, electronic strings, etc.

Around that time, the Defendant is equipped with manufacturing facilities, such as lighting equipment and dried straw, dried strawing equipment for removing malodor, dried strawing equipment, in order to avoid severe malodor and control that occur at the time of manufacturing philophones, and manufacturing facilities operated by the Defendant’s put in front of philophones immediately before philophones.

From September 2016 to November 15, 2016, the Defendant manufactured approximately 200 g phiphonephones by mixing them with salt acid and distilled water, extracting them by mixing them with dilution, and making them run a chemical reaction by mixing them with dynaium and distilled water, and making them run a dypopic 200g by properly mixing them with hyp, red, etc., and causing chemical reaction.

2. Sale of philophones;

(a) The defendant's sole sale of philophones;

1) At around 04:00 on September 1, 2016, the Defendant: (a) received KRW 2.50,00 from G upon F’s request in the way near the E Station located in Seongbuk-gu, Sungnam-si; and (b) 0.3g of phiphonephones.

Accordingly, the Defendant sold approximately 0.3g philophones to G and F.

2) At around 23:00 on September 1, 2016, the Defendant sold approximately KRW 0.5g 400,000,000 on a penphone from the alley-ro in Yeongdeungpo-gu Seoul Metropolitan Government H Station.

(b) Joint sale of philophones with G;

The defendant had a mind to sell philophones with G.

1) The Defendant, at around 00:50 on October 2016, 201, 1.5g of the philopon in front of the mutual unfolded telephone in Suwon-si transfer-dong, Suwon-si, Suwon-si, 201, 70,000 won from the purchaser of the philopon on his name undiscopon around that time.

G, at around 01:00 on the same day, at the front of the K cafeteria located in J at the direction of the defendant, the G laid down the said penphone to the purchaser of the penphone on his name.

Accordingly, the Defendant conspired with G to sell philophones.

2) The Defendant, at around 00:50 on October 2016, 201, 300, 1g of philopon in front of the mutual unfolded telephone in Suwon-si hand-on, Suwon-si, Suwon-si, on the upper day of which the Defendant was 30,000 won from the purchaser of the flopon on the flopon’s name unfolded.

G, at around 01:00 on the same day, at the front of the K cafeteria located in J at the direction of the defendant, the G laid down the said penphone to the purchaser of the penphone on his name.

Accordingly, the Defendant conspired with G to sell philophones.

3. Delivery of Handphones;

A. At around 02:00 on October 1, 2016, the Defendant granted approximately 0.2g of oponon to G in front of M in Sungnam-si L, Sungnam-si, a free of charge.

B. At around 18:00 on November 5, 2016, the Defendant provided approximately 0.63g of philopon to G from the mutual influoral telecom in the transfer-dong of Suwon-si, Suwon-si.

4. Medication of phiphones.

At around 17:00 on November 7, 2016, the Defendant: (a) put about approximately 0.05g of philopon, which he manufactured at the ambane in the ambonon-dong of Seongdong-si, Sungnam-si, into a single-use injection instrument; (b) dilution with water; and (c) injected philopon into one’s arms.

5. Possession of phiphones.

(a) joint possession of philophones;

The defendant asked 1 to keep 0.0 pphones which are contained in 1.4 f. f. 7 f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.). f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

Accordingly, the defendant conspireds with the defendant about 15.03g philophones.

(b) The defendant's writingphone alone;

On November 15, 2016, the Defendant kept 1.02g of phiphones, 0.9g of phiphones, 0.9g of phiphones, 1.02g of phiphones, 1.02g of phiphones, 1.03g of phiphones, 0.99g of phiphones, 0.98g of phiphones, 0.98g of phiphones, 0.38g, 0.38g of phiphones, 0.97g of phiphones, 1.01g of phiphones, 0.9g of lophones, 1.09g of lophones, 1.0g of phiphones, 1.01g of lophones, 1g of lophones, 1g of lophones, 3g of 4g of lophones, 90g of phiphones, 2.4g of phiphones.

Accordingly, the defendant possessed a liquid 400 lives containing 147.7g of philophones and philophones dives 400 lives.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against G, I, and F;

1. Protocols of seizure and list of seizure (the number Nos. 29, 30 and hereinafter referred to as the "Evidence List") shall be indicated;

1. On-site photographs (32), seized articles (34);

1. In the event that an investigation report (a crime G, I, F suspect interrogation protocol copies, etc. are attached; 1) and attached documents; 2 through 22; 34; 35; 35; 43; 43; 47; 48; 48; 49; 49; 49; 33; 53; 34; 34; 34; 34; 34; 34; 34; 45; 44; 54; 65; 63; 45; 65; 4; 365; 65; 4; 45; 65; 3; 65; 4; 65; 3; 34; 34; 34; 34; 34; 35; 4; 4; 4; 4; 4; 6; 4; 4; 6; 4; 4; ; 6; 4; ; 6; ;

Application of Statutes

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

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (hereinafter referred to as the "Narcotic Control Act"), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Narcotic Drugs Control Act"), Articles 60(1)2, 60(1)2, and 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (hereinafter referred to as the "Narcotic Control Act"), 2-2, and 5(a)

1. Aggravation for concurrent crimes;

The 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. ( native to the Act on the Control of Narcotics, etc.) due to the manufacture of a scop

1. Discretionary mitigation;

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

1. Confiscation;

Main sentence 1M of Article 67 of the Narcotics Control Act (No. 1 through 24, No. 34 of the Evidence No. 1 to 24)

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

- 3,321,00 won [2] 50,000 won [3,00 won + 0.5gg (2.5g + 1.5g + 300 won + 250,000 won + 400,000 won + 3.3g (2) of the total sale price (250,000 won + 400,000 won + 300,000 won + 3.3g of the seized 147.7g (5-A of the facts of crime)] - sale of 3.3g (0,000 won + 1.5g + 1.2g of the facts of crime] +

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;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: Crimes of violating the Act on the Control of Narcotics, etc. (flag) by manufacturing phiphones;

【Determination of Types 2(Type 2) for Mass Narcotic Drugs

[Recommendation and Scope of Recommendation] Basic Field, 5-8 years of imprisonment

(b) Group 1 and 2 concurrent crimes: Crimes of violating the Act on the Control of Narcotics, etc. (fence) by selling and selling phiphones;

[Determination of Types] Type 2, such as assistance in the trade of narcotics (mariju, item (b) and (c), etc.)

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from 1 to 2 years

(c) Scope of advisory punishment based on the standards for handling multiple crimes: Five to nine years of imprisonment (in addition, eight years, which are the upper limit of the sentence range for the violation of the Act on the Control of Narcotics, etc. (fence) by the manufacture of phiphones, and one-2 and one-third of the upper limit of the sentence scope for the violation of the Act on the Control of Narcotics, etc. (fence) by the purchase of phiphone

3. Determination of sentence: Determination of sentence: Determination of sentence, like the order, by taking into account the following four years of imprisonment, comprehensively taking into account various factors of sentencing as shown in the arguments in this case, including the defendant's age, character and conduct, environment, motive and circumstances of the crime, means and results thereof, and the circumstances after the crime, shall be set lower than the lower limit of the recommended sentence in the sentencing criteria.

The circumstances favorable to ○: The Defendant recognized the instant crime and is in profoundly against the Defendant. The Defendant is an initial offender who has no record of punishment.

○ Unfavorable circumstances: Narcotics crimes are highly likely to cause serious harm to individuals and society. Moreover, the manufacture of phiphonephones is likely to cause the proliferation of narcotics and additional crimes resulting therefrom, which are more likely to cause such crimes compared to the crimes caused by simple medication, etc. The Defendant manufactured a phiphones for about six months, including the preparation period for the manufacture of phiphones, and sold, delivered, possessed, and administered them. The Defendant appears to have obtained considerable profits from the sale of phiphones manufactured.

Judges

The presiding judge, judge and male citizens;

Judges Yoon Young-young

Judges or Jae-young

Note tin

1) The number of items seized (No. 42) cannot be deemed as items provided for each of the crimes of this case, and thus shall not be confiscated.

2) As to the scope of collection under Article 67 of the Narcotics Control Act, a series of acts by the defendant who handles the same narcotics, etc., within the scope dealt with by him/her, shall not constitute separate crimes (see, e.g., Supreme Court Decisions 200546, Sept. 8, 2000; 2010Do8764, Oct. 10, 28, 2010); and as indicated in paragraphs 3 and 4 of the holding, the crime delivered and administered, as indicated in the holding, was committed by a philopon manufactured as described in paragraph (1) of the judgment of the defendant, and thus, it is not presumed separately, and the crime sold as described in paragraph (2) of the holding shall be collected only in the amount equivalent to the profits.

3) According to the evidence duly adopted and examined by this Court, G may recognize the fact that G administered 0.29g of the philopon 0.63g, which was delivered by the Defendant, to F, and seized 0.31g, and that F administered 0.05g of the philopon received from G and seized 0.24g.