(영문) 서울중앙지방법원 2017.3.16. 선고 2016고합1124 판결

Search and seizure shall be confiscated, respectively, of inhalers (No. 1) contained in color-type cases, and of inhalers (No. 2) contained in test-type mobile phone cases.

640,000 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

The defendant is not a person handling narcotics.

1. Acceptance of Handphones, MDMAs (MDMA), Cocars;

On September 5, 2015, the Defendant received the trade name in the Yongsan-gu Seoul Metropolitan Government Seowon-dong from a person who is not aware of his/her name (hereinafter referred to as "one-name D"), the non-fluor (hereinafter referred to as "one-name philopon"), the non-fluor amount of psychotropic drugs (hereinafter referred to as "one-name philopon"), and the non-fluoral amount of 3-fluor and three-Cocars free of charge.

Accordingly, the Defendant received scarphones, IMs, and Cocars.

2. To administer chophones, IMs, cocaro medication;

A. On July 5, 2015, the Defendant, at the hotel hotel, “E” in Thailand, and at the hotel room, at F and entertainment entertainment entertainment entertainment entertainment, and at the hotel room, the Defendant inhaled the smoke by burning the philopic volume by burning the philopic volume.

Accordingly, the Defendant administered philophones.

B. On September 19, 2015, the Defendant, at the Defendant’s house of Jung-gu Seoul Metropolitan Government apartment G apartment 1905, opened the cocar’s intests, such as paragraph (1), and injected them into the me by using the paper paper, and continued to inhale them, such as paragraph (1).

Accordingly, the Defendant administered cocars, IMM, and phiphones.

C. On December 1, 2015, the Defendant: (a) parked in a vehicle parked in a company operating its own vehicle located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government H; (b) taken the fluorial amount of the fluorphones received, such as paragraph (1), along with water; and (c) took MM into account one at a place where it is impossible to identify any place below the Seoul Gangnam-gu

Accordingly, the Defendant administered philophones and IMs.

D. Around March 18, 2016, the Defendant, around March 18, 2016, took one of the instant Defendant’s office, among the phiphones received from the said Defendant, as described in paragraph (1), and IMs in sequence.

Accordingly, the Defendant administered philophones and IMs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. Statement of the police officer to I;

1. The police seizure record and the list of seizure;

1. Requests for appraisal;

1. Each investigation report (Attachment to photographs of seized articles and calculation of additional collection charges);

Application of Statutes

1. Article applicable to criminal facts;

Articles 59(1)9, 4(1)1, and 2 subparag. 2(d) of the Narcotics Control Act (the point of receiving ccars) (the point of receiving ccars), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of receiving and administering crophones and IMs) of the Narcotics Control Act, Articles 60(1)1, 3 subparag. 1, and 2 subparag. 2(d) (the point of administering ccars) of the Narcotics Control Act

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crime of violation of the Act on the Control of Narcotics, etc. (Narcotic Drugs) by giving and receiving cocars, the crime of violation of the Act on the Control of Narcotics, etc. (the crime of violation of the Act on the Control of Narcotics, etc.) and the crime of violation of the Act on the Control of Narcotics, etc. (the punishment of violation of the Act

1. Selection of punishment;

Selection of each imprisonment with prison labor for the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) by medication, and violation of the Act on the Control of Narcotics, etc. (narcotics) by cocar medication.

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 as provided for in the Act on the Control of Narcotics, etc. (Narcotic Drugs) by Acceptance and Receipt of the heavy cocars]

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Orders for probation and education;

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

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the grounds for calculating the amount of additional collection shall be as shown in the

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Reference to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics (narcotics) under the Act on the Acceptance of Cocars;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

[Scope of Recommendation] One year to Three years (Basic Area) imprisonment

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (narcotics) by cocar medication;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc. (Narcotic drugs and psychotropic items (a), etc.)

【Special Convicted Person】

[Scope of Recommendation] One year to Three years (Basic Area) imprisonment

[Determination of Type] 3 Narcotics Crime Group, Medication, Simple Possession, etc. (Raybb items (b) and (c))

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

(d) Scope of recommendations according to the standards for handling multiple crimes;

From one year to five years of imprisonment (=3 years + (3 years X1/2) + (2 years x 1/3)]

2. Determination of sentence;

The crime of this case was committed by the Defendant with various kinds of narcotics, such as cocars, phiphonephones, and IMs, and all of them were administered by the Defendant. In light of the period, frequency, etc. of the crime, the nature and circumstances of the crime are not less complicated.

However, considering the fact that the amount of narcotics received and administered by the defendant is relatively small, the criminal records of the same kind and the criminal records of the defendant are not less than imprisonment without prison labor, the fact that the defendant does not have any errors, and the fact that the defendant does not repeat again, the punishment shall be determined as ordered and the execution of the punishment shall be suspended as ordered in consideration of various circumstances shown in the records and arguments, such as the age, character and conduct and environment of the defendant, motive and consequence of the crime, circumstances before and after the crime, etc., and probation, etc. imposed by special matters to prevent recidivism ( compliance with the direction of a probation officer for a

Judges

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

Note tin

1) Although the sentencing guidelines are not applicable to the crimes of violation of the Act on the Control of Narcotics, etc. (narcotics) by giving and receiving cocars and the crimes of violation of the Act on the Control of Narcotics, etc. (fence), the sentencing guidelines are expressed in reference to the scope of recommended sentencing guidelines based on the sentencing guidelines for the crimes of violation of the Act on the Control of Narcotics, etc. (narcotics) by giving and receiving ccars with a heavier amount of punishment.