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(영문) 서울중앙지방법원 2017.11.30. 선고 2017고합1082 판결

마약류관리에관한법률위반(향정)

Cases

2017Gohap1082 Violation of the Act on the Control of Narcotics, etc. (franking)

Defendant

A

Prosecutor

Kim Sung-sung (Public prosecution) and courtrooms (public trial)

Defense Counsel

Attorney B (Korean National Assembly)

Imposition of Judgment

November 30, 2017

Text

A defendant shall be punished by imprisonment for three years.

3,300,000 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay an amount equivalent to the above additional collection charge.

Reasons

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the following psychotropic drugs-related clickers (hereinafter referred to as "clickphones"):

1. Purchasing philophones;

On January 19, 2017, the Defendant: (a) sent bitcos equivalent to KRW 600,000 from G located in Scam F to 'C', which came to know by searching phiphones from 'Gulgle', which is the Internet search portal site; and (b) purchased philphones by receiving bitphones with approximately KRW 1g of philopphones.

2. Import of philophones.

A. As stated in Paragraph 1, the Defendant, even though he was aware that the “C” delivers a phiphone overseas, conspired with the “C” to import the phiphone, and then remitted approximately KRW 5 million to the “C”, “C” concealed approximately 8g of the phiphone into an international special transport cargo, and then delivered it to the place designated by the Defendant, and the said phiphone arrive at the port of the Incheon National State (H) on January 23, 2017.

On January 24, 2017, the Defendant received international special consignment which was concealed through an international stackr at the 2238 Busan Terminal, as the center of the Geum-gu, Busan, from the 2238 Busan.

B. The Defendant conspired to import 'C' and Handphones in the above way, and remitted bitcos equivalent to 600,000 won to 'C', 'C' concealed approximately 1g of Handphonephones into international special transport cargo, and delivered them to the place designated by the Defendant, and the above Handphones arrive at the Incheon National Port as a part of the Korean Civil Aviation (H) starting from the international air port of Hochi on February 21, 2017.

On February 22, 2017, the Defendant received the international express shipment in which the said penphone was concealed through the International Contact Enterprise in the above G at around 19:00.

Accordingly, the defendant imported philophones over twice.

3. Sale of Handphones.

On January 17, 2017 and January 24, 2017, the Defendant transferred two million won in total from the Agricultural Cooperatives Account (J) under the name of the Defendant to the J account of the J, one million won in the name of the Defendant, for the purchase price of phiphones on two occasions, and on January 2017, the Defendant issued approximately four g of phiphones to I in the NFusa located in the vicinity of the L, Changwon-si, and sold phiphones to I. < Amended by Act No. 1487, Jan. 17, 2017>

4. Receipt of Handphones;

A. On April 10, 2017, at around 19:30, the Defendant received a delivery, without compensation, of plastic bags containing approximately 1g of penphones, from I within the NF Baa of the International Operation that was parked in the vicinity of the said L.

B. The Defendant, around the same day, delivered plastic bags containing approximately 1g of philopon to 607 N’N’s Ma in Busan Seo-gu M (Detention Prosecution on September 26, 2017) free of charge. 1)

C. On April 12, 2017, the Defendant received two disposable injection equipment from 701 to 0, respectively, containing approximately 0.1g of phiphones.

Accordingly, the defendant received philophones over three times.

5. Medication of phiphones.

A. On January 19, 2017, at around 22:00, the Defendant administered phiphones in collaboration with I et al., in a way that diversizes approximately 0.1g of philophones into each part of the arms by dilution with I et al., which he came to know in the hotel room of "S" in Busan Jin-gu, Busan.

B. On January 20, 2017, around 04:00, the Defendant administered phiphones in collaboration with I, etc. in the foregoing manner.

C. On January 23, 2017, the Defendant administered opphones in collaboration with 0 in the hotel room of the above “S”, and in a way of dilution of approximately 0.1g opphones into one-time arms, and injection them into one-time arms.

D. On February 28, 2017, the Defendant administered phiphonephones in conjunction with this method in the hotel room of the above “S”.

Accordingly, the Defendant administered philophones more than four times.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect to the prosecution concerning 0, I;

1. Each investigation report (Evidence list 1, 13);

1. [Certified Copies] Written Opinion, Each [Duplicate] Investigation Report

Application of Statutes

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

Each Narcotics Control Act (Article 58(1)6, Article 4(1)1, Article 2 subparag. 3(b) (Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (Article 58(1)6, Article 4(1)3(b) (Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) (Article 60(1)2, Article 60(1)1, and Article 4(1)3(b) of the Act on the Control of Narcotics, Etc., and Article 30 (Appointment of Imprisonment) of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Punishment for Crimes of Violation of the Act on the Control of Narcotics, etc. (Aggravation of Concurrent Punishment) and Article 38 (1) 2 and Article 50 (A) of the Criminal Act

1. Discretionary mitigation;

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

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the import of phiphones as described in paragraph (1) of

[Determination of Types] Narcotics Criminal Group, Export, Import, Manufacture, etc. (Narcotic drugs, psychotropic drugs, psychotropic items (a) and (b), etc.)

【Special Convicted Person】

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

(b) Concurrent crime 1: The crime of violating the Act on the Control of Narcotics, etc., which is caused by the importation of phiphones as stated in paragraph (2) of the judgment;

[Determination of Types] Narcotics Criminal Group, Export, Import, Manufacture, etc. (Narcotic drugs, psychotropic drugs, psychotropic items (a) and (b), etc.)

【Special Convicted Person】

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

(c) Concurrent crimes 2: Crimes of violation of the Act on the Control of Narcotics, etc. (fence) by selling phiphones as indicated in the judgment;

[Determination of Types] The Group of Narcotics Crimes, Trade Mediation, etc., and Type 2 (mariju, matrieb (b) and (c).)

【Special Convicted Person】

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

(d) Scope of recommended sentences based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to 11 months.

3. Determination of sentence;

In light of the fact that narcotics-related crimes are likely to have a serious adverse effect on society as a whole, such as avoiding the body and mind of an individual as well as impairing the public health or inducing other crimes, etc. The crime of this case includes crimes such as trading, giving and receiving, medication, etc. in addition to the acquisition by the defendant by the active method of importing phiphones, and the crime of this case is very heavy, and the amount of phiphones handled by the defendant is not much large, it is inevitable to punish the defendant.

However, the fact that the defendant appears to recognize and reflect all of his criminal acts, that the defendant appears to have cooperated with the investigation, that the defendant is being indicted for violating the Act on the Control of Narcotics, etc. and pending trial, and that the defendant has no record of being punished for the same kind of crime prior to each of the criminal acts in this case, and that he has no record of punishment prior to each of the criminal acts in this case, and that he deserts the lower limit of the recommended sentencing guidelines in light of all the sentencing conditions specified in the arguments in this case, such as the defendant's age, family environment

It is so decided as per Disposition for the above reasons.

Judges

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young

Note tin

1) The facts charged stated that "the prosecutor received the delivery" and the prosecutor made a corrective statement that "the delivery was made" on the date of trial, but it seems to be a clerical error of "the delivery was made".