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A defendant shall be punished by imprisonment for three years.
Seized evidence 2 (Handphones) and 3 (electronic lives) shall be confiscated.
Reasons
Punishment of the crime
[criminal power] On February 15, 2013, the Defendant was sentenced to imprisonment for a violation of the Immigration Control Act, etc. by the Incheon District Court, and completed the execution of the sentence on August 17, 2013.
【Criminal Facts】
The defendant is not a person handling narcotics.
On January 1, 2015, the Defendant made a call to C residing in Thailand, and offered that C, “A psychotropic drugs, psychotropic drugs, psychotropic drugs, (hereinafter “clopon”), brought into the Republic of Korea, would be psychotropic drugs,” and C accepted the call.
On February 26, 2015, the Defendant received approximately 394 ghon from E in the vicinity of Thai City, Thailand D.
On February 26, 2015, the Defendant concealed the instant phiphonephone in a vinyl to put it into a shoulder, and then, around 22:30 of the same day, the Defendant boarded TG658 at an international public port of Maccock 22:30 of the same day and arrived at the Incheon Jung-gu Incheon Incheon Port on February 27, 2015.
Accordingly, the defendant imported philophones.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of each protocol of examination of suspect to prosecution E;
1. Seizure records;
1. A written appraisal;
1. Recording notes of each recording file;
1. Three copies of the photograph on the arrest site, two copies of the Kakakao Stockholm conversation, one copy of the message; and
1. Previous records: The application of Acts and subordinate statutes concerning criminal records, etc. and personal identification and confinement status;
1. Article 58 (1) 6, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Punishment of Crimes and the Selection of Narcotics, Etc.;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing in the main sentence of Article 67 of the Act on the Control of Narcotics;
1. The scope of punishment by law: Imprisonment for not less than two years and six months but not more than 25 years;
2. Application of the sentencing criteria [Determination of types] and classification 2 (Determination of the recommended field] of mass crimes: Imprisonment with prison labor for not less than 5 years but not more than 8 years; and
3. Determination of sentence: In this case, three years of imprisonment; and