A defendant shall be punished by imprisonment for four years.

Seized evidence No. 1 (excluding the quantity consumed for expert evidence) shall be confiscated.

Punishment of the crime

Despite the fact that Defendant and E are not the handler of narcotics, in China, the Defendant and E imported mert cloptyes (one philopopon; hereinafter “philopon”), a local mental medicine, in the Republic of Korea, and recruited to sell them in the Republic of Korea.

According to the above public invitation, the Defendant, on October 29, 2016, departing from the Republic of Korea from the Republic of China on November 2, 2016, decided to purchase approximately 61.8 grams of 15,000 philophones from the Chinese people who are F in the French Republic of Korea or in the French Republic of Korea from the French Republic of Korea on November 2, 2016 to the 15,000 Galophones ($ 2,500,000). F shall pay approximately 10,00 Galos (one hundred and seventy hundred five hundred five hundred thousand won in Korean) to the Republic of Korea at the same time.

E transferred 5,000 bills (Korean Won KRW 8.50,00) to an insular account used by F upon the direction of the Defendant, and the Defendant received approximately 61.8g of philopon from F who received the said money, and the Defendant entered the port of international air route in Gangseo-gu Seoul Metropolitan Government on November 3, 2016, after concealing approximately 61.8g of the said philopon in the Hong-ro Airport in China on November 16:10, 2016 at the Hong-ro Airport in the upper right of China on the same day while boarding the Dong-dong air aircraft at around 20:30 on the same day.

Accordingly, the defendant, in collusion with E, imported approximately 61.8 grams from China to Korea.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Protocols of seizure, list of seizure, and photographs of seized articles related to subparagraph 1 above;

1. A written request for appraisal and a written appraisal of seized articles;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 58 (1) 6, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting a crime, and Article 58 (1) 3, Article 4 (1) 1, and Article 2 of the Act on the Selection and Management of Narcotics, Etc., and Article 30 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment);