(영문) 서울중앙지방법원 2017.7.20. 선고 2017고합557 판결

As seized, one apparatus set of post-beos (No. 4), nine strings for disposable use (No. 5), and four strings for alcohol (No. 6) shall be confiscated.

180,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Reasons

Criminal 1)

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the psychotropic drugs, MMA (hereinafter referred to as the “HV”) and MMA (hereinafter referred to as the “EXP”) as follows:

1. Import of phiphonephones and X-hows;

A. On January 5, 2017, at around 23:00, the Defendant concealed one vinyl package containing approximately 1.0 ghonon in the cosmetics, and was on board the G aviation from the F airport located in E, and arrived at the airport located in H around January 6, 2017.

Accordingly, the defendant imported philophones.

B. On April 24, 2017, at around 23:30, the Defendant concealed one vinyl package containing approximately 0.5 ghonphones and one vinyl package containing approximately 0.5 g, X-gu, 13 (A. 0.52 g). On April 25, 2017, the Defendant was on board the JA from the F airport located in E, and arrived at the said airport around 06:55 on April 25, 2017.

Accordingly, the defendant imported philophones and X-welves at the same time.

2. Medication of phiphones.

A. On January 2017, the Defendant injected approximately KRW 0.05-0.1g, among the phiphonephones imported as referred to in paragraph 1-A, into a single-use divers, after dilution with aquatic water, at the Defendant’s dwelling in Yongsan-gu Seoul, Yongsan-gu, and 11.

B. On May 5, 2017, around 23:30 on May 5, 2017, the Defendant injected approximately 0.05g of the penphones imported from the Defendant’s above residence, as set forth in paragraph 1-b, into the arms in the above manner.

Accordingly, the Defendant administered philophones over twice.

3. X-how possession;

On May 8, 2017, at around 05:08, the Defendant possessed one vinyl package containing approximately 0.23g of X-gu 0.23g in a household, for the purpose of delivering X-gu to the other party who has a sexual intercourse in front of the Mamoel located in Seongdong-gu Seoul Metropolitan Government L.

Summary of Evidence

1. Defendant's legal statement;

1. ACCUSIGN inspection contractor and certification;

1. Photographs of a son;

1. Each investigation report (the sequence 19,34 of the evidence list);

1. Personal immigration status;

1. Each request for appraisal (the sequence 27,29 of the evidence list);

1. Requests for appraisal;

1. Protocol of seizure (proption of evidence Nos. 4), and protocol of seizure (Evidence No. 22);

1. Each list of seizures (the sequence 5, 23 of the evidence list);

1. Photographs of each seized article (Evidence Nos. 6,9);

Application of Statutes

1. Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) (Article 2 subparag. 3(b) (Article 2 subparag. 6 of the Narcotics Control Act) of the Act on the Control of Narcotics, Etc.; the fact that the relevant legal provision on the crime committed is the importation of philophones; the fact that philophones are imported on Apr. 25, 2017; the fact that exponers are imported on Apr. 25, 2017); Articles 60(1)2 and 4(1)1, and 2 subparag. 3(b) (Article 2 subparag. 3(b) of the Narcotics Control Act (the fact that philophones are administered on the bloons of Jan. 6, 2017; the fact that philophones are possessed on May 5, 2017; and the fact that x masters is possessed on the blo

1. Commercial competition;

Articles 40 and 50-25 of the Criminal Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of phiphonephones on April 25, 2017 and the violation of the Act on the Control of Narcotics, etc. (flavo), due to the importation of expons on April 25, 2017, between the crimes of violation of the Act on the Control of Narcotics, etc. (flavo), and the crimes of violation of the Act on the Control of Narcotics, etc. (fla

1. Selection of punishment;

With respect to the crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the importation of phiphonephones on January 6, 2017 and the importation of EX masterss on April 25, 2017, each choice of imprisonment with prison labor shall be made for each limited term, each of the offenses of violation of the Act on the Control of Narcotics, etc. (flaps) by the import of phiphones on April 25, 2017, the administration of phiphones on January 2017, May 5, 2017, and on May 8, 2017

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (Psychotropicly Harmon April 25, 2017), 38(1)2 and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows)

1. Order to attend lectures;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

[1] One apparatus set of Malibes (No. 4), nine injections for a single-use (Evidence No. 5), and four alcohols (Evidence No. 6) are not equipment or articles that the Defendant actually provided to the instant philoon medication (criminal facts No. 2 at the time of the market) but constitute "goods that the Defendant prepared to perform medication but did not actually use for the above medication," and thus, constitutes "goods that the Defendant intended to provide for the above medication". Therefore, it shall be confiscated pursuant to Article 48(1)1 of the Criminal Act, not the main sentence of Article 67 of the Narcotics Control Act, but Article 48(1)1 of the

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Calculation of Amount of Additional Collection (Offense No. 1: 110,000 won for penphones imported on January 6, 2017 + KRW 70,000 won for penphones imported on April 25, 201)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment of two years and six months to twenty-two years and six months; and

2. Scope of recommendations according to the sentencing criteria;

Second Crimes

【Scope of Recommendation】

Type 3 (Narcotic drugs, perfume items (a) and (b), etc.) of the Basic Area for Export and Import, etc. (4-7 years);

【Special Convicted Person】

Second Crimes

【Scope of Recommendation】

Type 3 (Narcotic drugs, perfume items (a) and (b), etc.) of the Basic Area for Export and Import, etc. (4-7 years);

【Special Convicted Person】

Type 3 Crimes

【Scope of Recommendation】

Type 3 (National administration items (b) and (c)) of the Basic Area (0-2 years) of the Simple Possession, etc. of medication

【Special Convicted Person】

* The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor of four years to 11 years;

3. Determination of sentence;

The Defendant purchased writingphones and X posters in E twice and carried them into the Republic of Korea. The highest person administered two instances of penphonephones brought in as above, and possessed them for the purpose of using X posters. Narcotics-related crimes, such as the crime in this case, are not only easy to detect the risks of recidivism, but also are highly harmful to individuals and society as well as society as a whole due to decliability and toxicity. In particular, import of narcotics, etc. needs to be strictly punished in advance to prevent health and sanitary risks that may be caused by bringing and distributing narcotics, etc. into the Republic of Korea, without undergoing lawful procedures.

However, the Defendant, from the beginning of the instant crime, has not been subject to criminal punishment. The Defendant does not have to bring phiphonephones and X-rays into the Republic of Korea for the purpose of selling or delivering them to others, and in fact did not sell or deliver phiphones and X-rays to others. The Defendant is strong intention to stop narcotics, such as phiphonephones, and is also interested in his family.

In addition, taking into account all the circumstances such as the defendant's age, character and conduct, circumstances leading to the crime, and circumstances after the crime, etc., the sentence shall be determined by lowering the lower limit of the recommended sentence in the sentencing guidelines, and the sentence shall be determined like the order.

Judges

The presiding judge, judge Kim Jong-tae

Judges Kim Gin-han

Support for judges' organization

Note tin

1) To the extent that the facts acknowledged by the evidence duly adopted and investigated by this Court do not disadvantage the defendant’s right of defense, the following facts charged are modified.

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