2017Gohap373 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Kim Chang-seop (prosecution), chip (public trial)

Attorney B (Korean National Assembly)

June 30, 2017

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

To order the defendant to be put on probation for two years and to take a course of pharmacologic treatment for 40 hours.

1,600,000 won shall be additionally collected from the defendant.

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

Criminal facts

Defendant is not a narcotics handler.

1. Import of Metepopon (one philoopon; hereinafter referred to as "philoopon");

On March 4 to 2016, the Defendant stated that “The Defendant would sell opphones from D in China, remove the contents of opphones, put the opphones into the opphones, disguisedly read the addressee as E (the Defendant’s seat) and send it to B at his house,” and that “C, as the Defendant talked, ordered the opphones and remitted KRW 300,000 to the opphones account with the opphones.”

Since then, around March 4, 2016, the Defendant received approximately 1.5-3 ghon-phones sent by international mail at the residence of the Defendant, F 101, Ansan-si, Ansan-si. F. 101.

Accordingly, the defendant imported philophones in collusion with C.

2. Sale and purchase of phiphones;

(a) Sale of Handphones on January 2016;

On January 2016, the Defendant received KRW 400,00 from C in the Defendant’s residence as stated in Paragraph 1, and, in return, gave approximately KRW 0.8g philopon to C.

Accordingly, the defendant purchased and sold philophones.

(b) Sale of Handphones on March 2016;

On March 2016, the Defendant received KRW 400,00 from C in the Defendant’s residence as stated in Paragraph 1, and, in return, gave approximately KRW 0.8g philopon to C.

Accordingly, the defendant purchased and sold philophones.

(c) Sale of Handphones on December 17, 2016;

On December 17, 2016, the Defendant received KRW 400,00 from C in the Defendant’s residence as stated in Paragraph 1, and, in return, sent approximately 0.8g of philopon to C.

Accordingly, the defendant purchased and sold philophones.

(d) trade of philophones on February 25, 2017,

At around February 25, 2017, the Defendant received KRW 400,00 from C in the Defendant’s residence as stated in Paragraph 1, and offered approximately KRW 0.8g of philopon to C in return.

Accordingly, the defendant purchased and sold philophones.

3. Medication of phiphones.

(a) Medication of chophones on January 2017;

On January 1, 2017, the Defendant dnicked the salopon in the Defendant’s residence indicated in paragraph (1) with the salopon as a dog, and dnicked.

Accordingly, the Defendant administered philophones.

(b) Medication of popononon on March 2017.

On March 2017, the Defendant dnicked the unclaimed volume of the penphone from the residence of the Defendant as stated in paragraph (1) in the middle of 2017.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. Written appraisal of narcotics;

Application of Statutes

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 (the point of the importation of a scopon, the choice of limited imprisonment), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the point of sale and purchase of a scopononon, the point of administration of a scoponon, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

The first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be applicable to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (compacting Crimes) by the import of phiphones with the largest penalty

1. Discretionary mitigation;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Orders for probation and education;

Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [the total amount of KRW 1,600,000 (=400,000 x 4 times)]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

2. Scope of recommendations according to the sentencing criteria;

(a) Crimes of violating the Act on the Control of Narcotics, etc. by importing phiphones;

[Determination of Types] Narcotics Crime Group, Export, Import, Manufacture, etc. (Narcotic drugs, perfumesa and (b))

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

(b) Crimes of violation of the Act on the Control of Narcotics, etc. by selling phiphones;

[Determination of Type] Narcotics Crime Group, Trade Mediation, etc., Type 2 (mariju, Fab, Item c., etc.)

【Special Convicted Person】

[Scope of Recommendation] One year to two years (Basic Area) imprisonment

(c) Crimes of violation of the Act on the Control of Narcotics, etc. by medication of phiphones;

[Determination of Type] Narcotics Crime Group, Medication, Simple Possession, etc., Type 3 (Rayb. (b) and (c))

【Special Convicted Person】

[Scope of Recommendation] Imprisonment of 10 months to 2 years (Basic Area)

(d) Scope of recommendations according to the standards for handling multiple crimes;

From 4 to 8 years of imprisonment [ = 7 years + (2 years x 1/2) + (2 years x 1/3)]

3. Determination of sentence;

The crime of this case was committed in China by smugglinging an international postal phone into several occasions and selling it to the branch and administering it. In particular, the degree of illegality is heavy in light of the method of import crime, the process of subsequent disposition, etc.

However, the Defendant appears to have imported philophones on one occasion, and it is difficult to view that the amount is different, and there is no record of criminal punishment except for the case of the same kind of crime. In relation to the instant crime, the Defendant appeared voluntarily at the International Criminal Investigation Agency of the Seoul Metropolitan Police Agency and provided information on the case of carrying philophones into the Republic of Korea, appeared again 4 days after emergency arrest, led to the confession of the crime of selling philophones in the sale and medication of philophones, and participated in the investigation by recognizing that he was involved in the crime of importing philophones after emergency arrest. In addition, the Defendant reported the instant case, such as narcotics, etc., to the Busan Regional Police Agency around 2014 and around 2016, received the monetary reward by reporting the case to the Busan Regional Police Agency and received the monetary reward, and did not repeat the case by breaking his mistake

In addition, taking into account various circumstances shown in the records and arguments, such as the defendant's age, character, conduct and environment, motive and consequence of the crime, circumstances after the crime, etc., the sentencing guidelines are set out and the execution of the punishment is suspended as ordered by the order, and special matters to prevent recidivism (the probation officer's instructions concerning medication of narcotics, smoking, and taking-in shall be followed, and the probation officer's instructions concerning the treatment and treatment program shall be followed) are imposed.

The presiding judge and judges;

Judges Sung Jae-in

Judges' Index

1) Since the part on the importation of philophones in the holding overlaps with the part on the sale of philophones (crime No. 2-b. c. d. d.) as indicated in the holding, it is not additionally collected, and since the part on the administration of philophones in the holding is the c. d. d. d.