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(영문) 서울중앙지방법원 2017.5.18. 선고 2017고합353 판결

마약류관리에관한법률위반(향정)

Cases

2017Gohap353 Violation of the Act on the Control of Narcotics, etc. (franking)

Defendant

A

Prosecutor

Newly Inserted by Presidential Decree No. 1354, Dec. 3, 200

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

May 18, 2017

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to provide community service for 120 hours.

30,000 won shall be additionally collected from the defendant.

Reasons

Criminal History Office

The defendant is not a person handling narcotics.

1. Crimes committed in Taiwan;

A. On February 26, 2017, the Defendant, at the hotel hotel room near the 21:00 large C, administered a psychotropic drug in a way that the Defendant puts the psychotropic drug into the Mebbesium (i.e., one-time popon; hereinafter referred to as “copon”), the psychotropic drug-related Mecopon (i.e., one-time popon), the Mecopon (i.e., one-time popon), and the Mecopon (i.e., about 0.05 g., one-time popon), copon (i.e., one-time popon), and (ii) the smoke emitted from the Mecopon, which is heating into the Racter,

B. On February 27, 2017, the Defendant received approximately 2 g of philophones contained in vinyl packaging from a male with the foregoing large male, without compensation, at a hotel hotel room, such as a new wall prior to the new wall.

2. Domestic crimes;

A. On February 28, 2017, the Defendant carried in and imported 2 g of philophonephones received from another airport, such as paragraph 1(b), and 15:29 Incheon Jung-gu Airport to a 272 Incheon International Airport Inspection Site Search Team on the same day by using air flights hidden in Bloros, as described in paragraph 1(b).

B. On March 1, 2017, the Defendant administered approximately 0.05 g of philophonephones brought in, as described in the foregoing paragraph (a), at a Moel room where it is difficult to identify the trade name in Songpa-gu Seoul locked-dong, Songpa-gu, Seoul, the Defendant administered approximately 0.05 g of philophones brought in, such as the foregoing paragraph (a).

C. On March 24, 2017, the Defendant: (a) administered approximately 0.05gg of philophonephones remaining after having been administered as prescribed in the foregoing paragraph (b) at a Mocul room where the trade name in the Maculdong, Seoul, was unknown; and (b) in the same manner as Paragraph (a) was administered.

D. On March 26, 2017, the Defendant offered that “The Defendant would sell approximately KRW 0.5g 400,000,000” from G text messages immediately before said G text messages to F as stated in the said paragraph, and was entering the entrance of “H and hotel” in Seoul Jung-gu, Seoul, with a view to gathering F’s consent, the Defendant did not intend to sell and purchase phiphones on the wind, which was arrested by the police officer who was temporarily diving upon F’s report, and did not intend to sell and sell phiphones.

E. At the time stated in the above paragraph (d), the Defendant, at the entrance of the above hotel, put approximately 0.46 g of philopon into vinyl bags, carried approximately 0.52 g of philopon into vinyl, and carried them respectively, in vinyl machine.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding F;

1. The records of each seizure, each list of seizure, seized articles, and photographs thereof;

1. Results of preliminary tests on narcotics, reports on the results of research on narcotics, the countries where evidence 1 to 2 was seized, the results of appraisal by the countries on the side of the suspect, the results of appraisal by the countries on the side of the suspect, and the results of appraisal by the

1. A report on investigation (calculated additional charges);

Application of Statutes

1. Relevant laws and the choice of punishment for the crime;

Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (Article 60(1)6, 4(1)1, and 2 subparag. 3(b) (Article 58(1)6, and Article 4(1)1, and Article 2 subparag. 3(b) (Article 60(1) of the Narcotics Control Act) of the Act on the Control of Narcotics, Etc., Articles 60(3), 60(1)2, and 4(1)1, and 2 subparag. 3(b) (Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment)

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes by concurrent crimes prescribed in the Act on the Control of Narcotics, etc. (compacting) due to the importation of a salphone with the largest punishment

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 ( considered as favorable circumstances among the reasons for sentencing below)

1. Social service order;

Article 62-2 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [30,000 won = 100,000 won = (100,000 won at the retail price in Seoul for each penphone, entered in the monthly trend of narcotics, February 2017 x 0.05g (a) for one penphone administered on February 26, 2017] + 100,000 won (1-2.0,000 won per day, entered in the monthly trend of narcotics, etc. in February 2017) + (10,000 won at the retail price in Seoul for each cellphone administered on 10,000 x 0.5g (2-2-2) with F) for 10,000 square meters (2-10,000 won per 2-10,000 won for 20,017) for 10,000 won for 2-10,017.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not more than six months but not more than 22 years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crime: A crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of phiphones;

[Determination of Types 3] Manufacturing, etc. of Import and Export of Narcotics (Narcotic drugs, perfumesa, items (a), (b), etc.)

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

(b) 1 concurrent crime: A crime of violation of the Act on the Control of Narcotics, etc. (fence) by selling and purchasing phiphones;

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

【Special Convicted Person】

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

(c) 2nd concurrent crimes: Violation of the Act on the Control of Narcotics, etc. by giving, receiving, carrying, or medication phiphones;

[Determination of Types] 2 Medications (marijus, flags (b) and (c), etc.) of Medications

【Special Convicted Person】

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

(d) Scope of recommending punishment based on the standards for handling multiple crimes: Imprisonment with prison labor for not less than four years nor more than eight years nor more than eight years (in the case of a maximum of punishment, seven years of imprisonment with prison labor for a term of seven years that is the maximum of the scope of sentence for a basic crime, one year of imprisonment with prison labor for a term of not less than one-2 of the maximum of the scope of sentence for a combined crime and one-third of the maximum of the

3. Determination of sentence: Crimes of narcotics, the execution of which was suspended for a period of two years and six months, will threaten the health and order of the general public in the Republic of Korea. The Defendant, after administering a scopphone abroad, intended to import the scopphone from abroad to sell it to others while administering it.

However, the Defendant is an initial offender with no record of criminal punishment, including the previous conviction for the same kind of crime, and the Defendant led to confession and reflect on the instant crime. The Defendant appears to have caused the instant crime with the administration of philopon from large thousands by the court of first instance, and was attempted to sell philopon to F, but was attempted to sell philopon to F. In light of the background leading up to taking philopon into Korea into Korea and the volume of philopon, it does not appear as a planned crime for selling philopon revenue.

In addition, the defendant voluntarily revealed in the investigative agency about the crime such as import, receipt, medication, etc. of phiphones. These circumstances are favorable to the defendant.

In addition, taking into account the defendant's age, environment, character and conduct, motive and means of a crime, circumstances after a crime, etc. and all the conditions of sentencing specified in the records and pleadings of the case, the punishment as ordered shall be determined by deviating from the minimum sentencing criteria set forth in the sentencing guidelines.

Judges

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong