2014Gohap865 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Class ¥§§§§ 5 (Public Trial).

Attorney B

May 29, 2015

A defendant shall be punished by imprisonment for four years.

Each portable electronic block (Evidence Nos. 1 to 3) and vinyl blocks (No. 137, No. 4) shall be confiscated.

Criminal facts

Even if the Defendant is not a narcotics handler, the Defendant, along with C, intended to import psychotropic drugs-related psychotropic drugs-related psychotropic drugs in China (hereinafter referred to as “cloilphone”), and sent the price 22 million won of the cloilphone-related cloil-phone cloil-phone cloil-phone cloil-phone cloil-phone cloil-phone cloil-phone cloil to 'D', and directly confirmed the quality of 'D', cloil-phone cloil-phone cloil, which is located in the Dongdongdongdong-dong-dong of Busan, with C around April 3, 2014.

Since then, around April 9, 2014, the above "D" concealed 416.29g Handphonephones at the bottom of the new launch, and sent them to the Republic of China, Incheon, Namnam Airport (CZ) 671 international registered mail, and C received 416.29g gramphones carried into the Republic of Korea at its own house located at No. 16:25, Apr. 11, 2014, in Busan, Jung-gu, 101, 408.

Accordingly, the Defendant conspiredd with C to import narcotics.

Summary of Evidence

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

1. C’s legal statement;

1. A copy of each investigation report (in relation to the conduct of controlled delivery, arrest-related to suspects, reporting accompanied by seized objects, and attaching photographs of signature on confirmation of receipt of international registered mail C by the suspect C);

1. Copy of seizure records;

1. A copy of an analysis report, a copy of an international express postal delivery history investigation report, an entry or departure details inquiry report (A), and a copy of an entry or departure details inquiry (C);

1. A copy of the certificate of deposit transaction (F, the Bank of Korea), a copy of the statement of deposit transaction (G, the National Bank), and 1. A copy of the photograph of seized articles, a copy of the photograph of the receipt of the international motive mail, and the application of the CCTV-related Acts

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

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act, selection of limited imprisonment

1. Discretionary mitigation;

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

1. Confiscation;

Article 67 of the Narcotics Control Act

Reasons for sentencing

1. The scope of punishment;

From June to 15 years of imprisonment;

2. Scope of recommendations;

[Determination of Types] Narcotics, Mass Crimes, Type 2 (Type 2)

[General Aggravations] - Aggravations: Criminal records of the same kind (not less than three years but not more than ten years of suspension), or repeated crimes of different species;

[Scope of Recommendation] Five to Eight years (Basic Area)

3. Determination of sentence: The crime of importing narcotics for 4 years by imprisonment is highly likely to harm the health and social safety of the people, and the use of phiphones imported by the defendant is more toxic or harmful than other narcotics, and the use of phiphones imported by the defendant is a huge amount of 416.29g, which can be administered at the same time by a person in several thousand names, and if the phiphones imported by the defendant were distributed at the same time, it would have caused serious harm to the society, and the defendant committed the crime of this case during the period of suspended sentence, notwithstanding the fact that the defendant was sentenced to a conviction of 5 years of suspended sentence due to the importation of phiphones, even if he was sentenced to a conviction of 3 years of suspended sentence due to the importation of phiphones, it is inevitable to punish the corresponding severe punishment.

However, the Defendant’s confession of all of the crimes of this case and reflects the fact that the penphones imported in this case were seized from C, an accomplice, and have not been distributed during the trial, and the Defendant’s age, character and conduct, family relation, motive and circumstance of the crime of this case, and circumstances after the crime, etc., are considered to be lower than the lower limit of the recommended sentence according to the sentencing guidelines, and the sentence as set forth in the order is determined.

Judge of the presiding judge;

Judgment of the Supreme Court

Judges Dognaia