(영문) 서울중앙지방법원 2018.2.8. 선고 2017고합1133 판결

Evidence Nos. 1 through 5, 12 through 14, 16 through 29 of the Seoul Central District Prosecutors' Office and the evidence Nos. 3631 of the same Prosecutors' Office that have been seized shall be confiscated, respectively.

2,251,00 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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant handled psychotropic drugs with Metropists (hereinafter referred to as 'Handphones') and marijuana as follows:

1. Assistance in the trade of marijuana;

A. Upon C’s request, the Defendant received from C, on March 2017, a non-fluorous marijuana from D, which was contained in the gambling box, from Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, and received around 22:00 of the same month, and around 4:22:0 of the same month, the Defendant: (a) parked in the mouth adjacent to the F G located in Dongjak-gu, Seoul; and (b) assisted C to sell and arrange C’s trade of marijuana, upon receiving the 500,000 won in cash, in the sealed end of the Defendant’s operation, parked in the gambs adjacent to the F adjacent area in Dongjak-gu, Seoul.

B. On April 20, 2017, the Defendant sought marijuana from D in the same manner, and, on April 20, 2017, parked in the booms adjacent to the above head of the relevant party branch, C, who received the amount of marijuana equivalent to 1 million won in cash to the boom boxes, arranged for the trade of marijuana from C.

2. Receipt of Handphones;

On March 22, 2017, at around 22:00, the Defendant: (a) provided J with approximately 0.35 g (one-half for day-time) of philopon on a philopon in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) provided J with approximately 0.35 g (one-half for day-time) on a philopon; and (c) received and delivered philopon.

3. Mephone medication on March 2017.

On March 22, 2017, at around 22:00, the Defendant injected in the Defendant’s arms, after inserting the psychotropic drugs purchased from D with approximately KRW 200,000 from Yeonsu-gu Incheon Metropolitan City Marophones. 0.35g of philophones, which are psychotropic drugs purchased from D.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

4. Mephone medication on April 2017.

On April 2017, the Defendant, among the Defendant’s dwelling in the Dongjak-gu Seoul Metropolitan Government K and 202, injected the fluor of approximately KRW 0.7g 0,000 from D with water purchased from D in a single-use cluor, and injected it into the Defendant’s arms.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

5. Safekeeping of marijuana from May 11, 2017;

On May 11, 2017, the Defendant kept approximately 18.26g of marijuana in a cooling house in the Defendant’s residence, as stated in the foregoing paragraph (4).

Accordingly, the defendant kept marijuana even though he is not a narcotics handler.

6. Purchasing Handphones on June 6, 2017;

On June 6, 2017, the Defendant: (a) around 19:00, at M in Yeonsu-gu Incheon Metropolitan City L, gave approximately KRW 7 million to N; and (b) received approximately KRW 17.39g philopon from N. The Defendant purchased and sold philopon even though he is not a narcotics handler.

7. Smoking marijuana in June 7, 2017;

Around 00:00 on June 7, 2017, the Defendant dices marijuana on the road, after having been in Gwanak-gu in Seoul Special Metropolitan City, with a cigarette smoking with a cigarette smoking. Accordingly, the Defendant smoked marijuana on August 7, 2017.

At around 01:00 on June 7, 2017, the Defendant injected a philophone into a single-use 606 unit in Q Q in Seoul Special Metropolitan City by dilution it with water. Accordingly, the Defendant administered philophones even if he is not a narcotics handler.

9. Storage of marijuana on June 7, 2017 and possession of philophones;

On June 7, 2017, at around 14:11, the Defendant: (a) put marijuana 1,65g and 17.39g philopon into an envelope; and (b) put it under the bottom of a waves in an envelope. Accordingly, the Defendant kept marijuana in custody even if he is not a narcotics handler; and (c) carried philopon.

2018Gohap26 10. Violation of the Act on the Control of Narcotics, etc. (fence)

(a) Purchasing philophones;

On May 13, 2017, at the residence of Dongjak-gu Seoul Metropolitan Government S and 103 601 dong 601, the Defendant sent online a sales advertisement such as SNS, exchanged with the seller of narcotics, etc. and the Mescopic phone transaction. After interesting on the Mesopon transaction, the Defendant sent Mescopon amounting to KRW 500,000 to the Mescopon account. On the same day, at around 21:00 on the same day, the Defendant purchased the Mesopon parking lot in the Dongjak-gu Seoul Metropolitan Government U.S., where the Mesopon was notified to the Mescopon, and the Defendant purchased the Mesopon 1g of the Mesopon, which was concealed on the Mesopon, which was parked on the Mescopon.

(b) Handphone medication;

1) At around 21:30 on the same day as the above paragraph (a) above, the Defendant: (a) inserted approximately 0.05g of the phiphones purchased in the Dongjak-gu Seoul Metropolitan Government, X 1st male toilet, into a single-use injection machine; and (b) administered them by means of injecting them into the blood transfusion.

2) At around 15:00 on May 16, 2016, the Defendant administered approximately 0.05 g of philopon in its K5 vehicle (Z) parked in the alleyway near Seongdong-gu Seoul, Seongdong-gu, Seoul, in the same manner as the above 1).

On May 16, 2017, the Defendant, at around 15:40, carried with him a vinyl containing approximately 0.31g of philopon in a separate collection box installed in the fluor parking lot in Seongdong-gu Seoul Metropolitan Government.

11. Violation of the Act on the Control of Narcotics, etc.;

(a) Acceptance of marijuana;

The Defendant, as described in the above 10 paragraph (a), found the above car parked in the V building parking lot and received the above philopon, and at the request of the Defendant, the Defendant received it by the method of free finding the flopon for sampling, which was concealed with the philopon with the philopon.

(b) Smoking marijuana;

On May 14, 2017, at around 02:00, the Defendant, at the alleyway near Dongjak-gu Seoul Metropolitan Government (Seoul) around May 14, 2017, discarded part of the tobacco openings, added the maribage of marijuana received on the spot, added the maribage of the tobacco, and smoked in the manner of a co-in and coination of the smoke emitted by attaching the raz with the raz.

1. Defendant's legal statement;

1. Each police interrogation protocol against C, I, J, AB, and AC;

1. Each protocol of seizure and the list of seizure;

1. Each narcotics appraisal report and each gene appraisal report;

1. A report on investigation (attaching the contents of conversation);

Application of Statutes

1. Article applicable to criminal facts;

Articles 59(1)7, 3 subparag. 7 (a) of the Narcotics Control Act (hereinafter referred to as the "Narcotic Control Act"), 60(1)2, 4(1)1, and 2 subparag. 3(b) (the point of receipt, delivery, medication, trade, and possession of a penphone), Articles 61(1)6, and 4(1)2 (the point of receipt, delivery, and receipt of marijuana) of the Narcotics Control Act, Articles 61(1)4(a), and 3 subparag. 10(a) (the point of smoking) of the Narcotics Control Act, respectively.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Narcotics Control Act due to the purchase of phiphonephones on May 13, 2017)

1. Selection of punishment;

Each choice of imprisonment with prison labor for each of the crimes of violation of the Narcotics Control Act and each of the crimes of violation of the said Act, and the crimes of violation of the said Act on the Control of Narcotics, etc., Smoking, and Water

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act, and Article 50 of the same Act, concerning concurrent crimes with punishment prescribed for a violation of the Narcotics Control Act due to the intermediation of trade in marijuana from April 20, 2017, with the largest penalty

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 (based on the calculation of a surcharge)

○ As indicated in the Decision 1: 1,50,000 won (i.e., KRW 500,000 + KRW 1,000 + KRW 1,000,00) and the portion of the philophone medication in Paragraph 3 of the Decision: 200,000 won (as the Defendant delivered part of the philophones purchased with KRW 200,000 to D and delivered to J, part of the philophones purchased with KRW 200,00,000 shall be collected).

○ Decision 4, 8 Handphone medication: 200,000 won (i.e., the monthly trend of narcotics, etc.: 100,000 won for the first-time medication of narcotics, etc. on August 2017)

Nos. 5 and 9 of the holding: The entire marijuana in custody shall not be collected separately as it was seized.

○ Paragraph 6(6) of the judgment and Paragraph 9(9) of the judgment: The Defendant’s purchase and possession of philophones: (a) administered a part of marijuana purchased from N and possessed in accordance with Paragraph 8(8) of the judgment; and (b) possessed the remainder as indicated in Paragraph 9 of the judgment; and (c) was confiscated; and (d) accordingly,

○ Paragraph 7 of the holding: 3,00 won (the 3,000 won x 50,000 won x 0.69g x 0.69g x 0.69g x part of the purchased lg lg, which was possessed after a partial medication of the lg lg) in the holding of Paragraph 10 written 3,00 won (the 1g lg - the seized 0.31g g lg ).

○ Decision 11: at least 3,000 won (the price for administration of marijuana once in the current month): 2,251,000 won (= KRW 1,50,000 + + KRW 200,000 + + + KRW 3,000,000 + + KRW 3,45,000 + KRW 3,000 + KRW 3,000)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act grounds for sentencing; 1. The scope of applicable sentences by law: Imprisonment with prison labor for one year to 45 years;

2. On May 13, 2017, the sentencing guidelines applicable to the crimes of violation of the Narcotics Control Act (fence) due to the purchase of clonphones on the same day and the crimes of violation of the Narcotics Control Act (mariju) due to the number of hemps on the same day are in a commercial concurrent relationship, and the sentencing guidelines do not provide a separate treatment method for the commercial concurrent crimes, but it is necessary to refer the sentencing guidelines to the commercial concurrent crimes as appropriate, and the sentencing guidelines are applied to the remaining crimes.

(a) Basic crimes and concurrent crimes: Violation of the Narcotics Control Act due to an arrangement for trade in marijuana;

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

【Special Convicted Person】

[Scope of Recommendation] Basic Field, One year to two years of imprisonment

(b) Concurrent crimes under Articles 2 through 6: Class 3 (b) of the Act on the Control of Narcotics, Etc. (1) (1) / [Determination of types] Medication, simple possession, etc. of narcotics due to the medication of opphonephones;

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 10-2 years of imprisonment. The scope of Recommendation according to the standards for multiple crimes: Imprisonment with prison labor for a period of one year to three years;

3. Determination of sentence: Determination of sentence shall be made in consideration of the following three years of imprisonment, taking into account the defendant's age, character and conduct, the process of growth, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, and the scope of recommended sentences in the sentencing guidelines, and the conditions after the crime, as set forth in the order.

【Unfavorable Circumstances】

In light of the characteristics of narcotics-related crimes, it is not easy to detect the risks of recidivism, and there is a negative impact on society as a whole due to decryptability, toxicity, etc. The Defendant arrested a flagrant offender on May 16, 2017, and purchased and mephones from N on June 6, 2017, or smoke marijuana without being released on May 18, 2017. In relation to the crime, the Defendant asserted that the Defendant purchased N on credit with the purpose of raising public service in arresting N, and that the Defendant was charged with the same crime, including the fact that AC, which arranged N with N, provided information about N, to the narcotics investigation agency in Seoul, Seoul, but it is recognized that AC did not have to have known that the Defendant purchased narcotics from N until the Defendant would purchase narcotics, and that the Defendant could not have any other motive to purchase the narcotics, etc., and that the Defendant could not have any other motive to purchase the narcotics, etc. in the past.

【Free Circumstances】

Although the Defendant was punished as a drug crime several times, the Defendant was sentenced to imprisonment with prison labor on July 20, 2005, and was sentenced to ten months on October 25, 2012, and was sentenced to more than five years thereafter, and the Defendant did not have been able to close up narcotics for three years prior to the instant crime.