2016Gohap426 Violation of the Act on the Control of Narcotics, etc. (fence) and the control of narcotics, etc.

Violation of the Act (Violation of the Act)

2017Gohap66 (Consolidation) Violation of the Immigration Control Act

A 62, South

The Republic of Korea shall have jurisdiction over the Republic of Korea, Kim Jong-tae (Public Prosecution), the Yellow State (Public Trial)

A person shall be appointed.

Attorney in charge

April 14, 2017

A defendant shall be punished by imprisonment for seven years.

Seized evidence Nos. 1 through 7, 10 through 13 (The amount consumed for each appraisal or the amount presented to the Supreme Prosecutors' Office.

(other) each forfeiture of any subparagraph;

10,000 won shall be collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Criminal facts

" 2016, 426"

The defendant is not a person handling narcotics.

1. Import of psychotropic drugs Megatopists (one philopon; hereinafter referred to as "philopon");

The Defendant, in collusion with the name unclaimed winners (hereinafter referred to as "one-time president"), residing in the Chinese luminous region, intended to import phiphones from China to the Republic of Korea. From October 4, 2016 to November 16, 2016, the Defendant met the above "One President" in the Chinese luminous region, and the "Hay President" sent the phiphones from China to the Republic of Korea. The Defendant sold the said phiphones to the above "Hay President", and in return, received KRW 1,50-2,000,000 from the "Hay President" to the "Hay President".

On November 2016, 2016, the Defendant: (a) sent approximately 5 gylphonephones, 46 g of November 16, 2016, to the Defendant, at around 00, the D Kimhae-si fire fighting team, and on the road following the Kimhae-si, Kim Jong-dong fire fighting team at around 00.

Accordingly, the defendant imported approximately 5,04 g of philophones in collusion with the above 'Yeng president'.

2. Medication of philophones.

On November 18, 2016, at around 00, the Defendant administered approximately 0.03g of philophones into a single-use injection machine, and injected them into arms by melting living water.

3. Possession of marijuana;

On November 16, 2016: around 00, the Defendant: around 23, 2016, at around 00, 01: (a) he was d Kimhae-dong Fire Fighting Station at D Kimhae-si, and approximately 0.81g of marijuana from a ship on the street side, and possessed for the purpose of smoking until November 19, 2016.

" 2017 Highly 66"

Criminal Power

On October 14, 2008, the Defendant was sentenced to five years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) at Busan District Court on June 11, 2009, and completed the execution of the sentence (fenced April 1, 2013).

When a foreigner intends to enter the port of entry, he/she shall undergo an entry inspection by an immigration officer at the port of entry and departure, and shall not allow the foreigner subject to an entry inspection to enter the port collectively, or arrange for the illegal entry.

Nevertheless, Defendant, AD, E, H (former Trial on July 28, 2016) and H (former Trial on Detention on March 15, 2016), I (Supreme Court Decision on July 14, 2016), together with the following: (a) allow a person of Vietnam to illegally enter the Republic of Korea using a ship; (b) allow the person of Vietnam to illegally enter the Republic of Korea using the ship; (c) “one-day name bropier for entry smuggling”; (d)” play the role of soliciting smuggling from Vietnam; (d) Defendant, AD, F and G to receive money and valuables from the above persons of Vietnam; and (e) to establish a plan to transport the ship to the Republic of Korea using the ship; and (e) to secure the necessary vessel to carry the vessel from the persons who enter the Republic of Korea; and (e) to secure the necessary vessel from the persons who enter the Republic of Korea, the vessel to be illegally enter the Republic of Korea; and (e) to secure the necessary vessel from the captain.

Defendant, AD, E, and G, on March 2015, around the Busan East-gu Busan East-gu, agreed to receive 250 U.S. dollars on a coffee shop near the Busan East-gu, Busan-gu, to make the aforementioned Vietnam illegally enter the Republic of Korea. G entered the Republic of Korea on March 17, 2015, with a view to discussing the charges and specific methods of committing a crime around Vietnam, and then departing from Vietnam and delivering 80 U.S. dollars to the Defendant on the vessel departing from Korea on the line of Korea on the line of 'N,' and 'Y, 'N', 250 U.S. dollars on board and receive 12,000 U.S. dollars per capita and 20 U.S. dollars on the basis of the agreement, and transferred 80 U.S. dollars on the basis of the agreement, and the Defendant transferred 'N's name and 20 U.S. dollars on the basis of the agreement.

On the other hand, H, on March 2015, instructed Haman to prepare a ship necessary for smuggling at a coffee shop where it is impossible to know the trade name in Busan Jung-gu, Busan, and he did not lease the ship due to lack of the amount of the ship being discovered necessary for smuggling entry.

Accordingly, Defendant 1, AD, E was gathered in sequence with G, H, I, Vietnam bromoer for the purpose of having foreigners who are required to undergo an entry inspection for profit collectively enter the Republic of Korea with the aim of having them enter the Republic of Korea in a group.

Summary of Evidence

2016, 426

1. Statement of the accused in the first protocol of trial;

1. The prosecutor's statement to K;

1. Each protocol of seizure (No. 4, 19, 25 No. 5)

1. Each investigation report (No. 11, 45, 50 No. 11, 50 of evidence records);

1.Notification of requests for appraisal and of the results of legal and chemical appraisal;

“ 2016Gohap66

1. Defendant's legal statement;

1. A copy of the protocol of examination of suspect against F by the prosecution (No. 60 No. 50);

1. Copy of each protocol of examination of suspect to the prosecution against G (Evidence Nos. 74 and 75 No. 75);

1. A copy of each police interrogation protocol against H and I (Evidence Nos. 64, 68, 72, and 73)

1. A copy of an accusation against an immigration offender;

1. Previous records: A copy of the inquiry report on criminal records, and a copy of the investigation report (a copy, etc. of the judgment A);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

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

Article 30 (Entry of Revenues from Handphones, Selection of Limited-Term Punishment) Article 60 of the Act on the Control of Narcotics, Etc.

Paragraph 1(2), Article 4(1), Article 2 subparag. 3(b) (the point of the philophone medication, the choice of imprisonment) , narcotics

Articles 61(1)4(b) and 3 subparag. 10 of the Act on the Control of Types (the occupation of, and the requisition for, marijuana)

In addition, Articles 99(1), 93-2(2)1, and 12(1), and 12(1) of the Immigration Control Act,

Article 30 (Preparation of Illegal Entry of Foreigners for Profit and Selection of Imprisonment)

1. Aggravation for repeated crimes;

Article 35 (Offense of Violation of Immigration Control Act)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

due to the violation of the Act on the Control of Narcotics, etc. ( nativeity) Aggravation of concurrent crimes

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act

Reasons for sentencing

1. Scope of applicable sentences by law: Five years to forty-five years; and

2. Scope of recommended sentences according to the sentencing criteria; and

(a) Class 1 crime: Revenues from phiphones;

[Scope of Recommendation Form]

Type 3: Basic Area (8 years to 11 years)

【Special Convicted Persons】

None

(b) Second crime: Medication of philophones; and

[Scope of Recommendation Form]

Medication, simple possession, etc. (in 10 months to 2 years) Basic Area (in 10 months to 2 years)

【Special Convicted Persons】

None

(c) Third offense: Possession of marijuana; and

[Scope of Recommendation Form]

Medication, simple possession, etc. (math, e., marijuana, d., e.) basic area (8 months to 1 month, e.g.)

June of each year)

【Special Convicted Persons】

None

(d) Recommendation punishment based on the standards for handling multiple crimes: From 8 to 12 years.

The violation of the Immigration Control Act, which does not apply to the sentencing guidelines, has substantive concurrent crimes.

3. Determination of sentence: Imprisonment with prison labor for 7 years

Narcotics crimes are highly harmful to society, and in particular, importation and sale of psychotropic drugs are very highly likely to cause harm to the public health or society. The quantity of penphones offered for the crime of this case is about 04 g. 5.04 m. (this refers to about 168,148 persons who can administer at the same time, and the retail is about 16.81,486 million won) and about 1kg among them is deemed to have been distributed and consumed during the market through AAF. The defendant committed a large-scale crime of having been sentenced to imprisonment for five years, such as the administration and sale of phiphonephones, even before the crime of this case was committed by the defendant. In light of the fact that the defendant was committed a large-scale crime of violation of the Immigration Control Act, not only during the period of punishment but also during which a repeated crime of this case was committed.

However, the fact that the defendant repents his mistake in depth and reflects it, the defendant confessions about 1 km other than about 3 km already seized among about 5 km of the rophone, and voluntarily submitted it to the investigation agency, and the remaining about 1 km to AF was also led to confession and cooperation in investigation, and the defendant does not seem to have a significant benefit from the import and sale of rophones, and the violation of the Immigration Control Act seems to have been committed in preparation for the crime, and the degree of participation in the crime is relatively excessive compared to related accomplices, etc., the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and behavior, environment, motive and method of the crime, means and method of the crime, and circumstances after the crime, etc.

Judge Full attendance of the judge

Judges Kim Dong-dong

Judges Kim Sung-sung

1) The indictment submitted by the prosecutor is written on April 6, 2014, but it is clear that it is a clerical error and is corrected as above.