(영문) 서울중앙지방법원 2014.4.17. 선고 2014고합300 판결

A total sum of six diseases (other than one disease from among evidence 1, 3, and 5, and evidence 1), aggregate of four diseases (other than evidence 4, evidence 2, and evidence 2) (other than evidence 4, evidence 2, and evidence 2) shall be confiscated.

Reasons

Criminal facts

Even if the Defendant is not a handler of narcotics, the Defendant treated the interest products and hardware (hereinafter referred to as “the interest products”) designated as temporary narcotics as follows.

1. On December 19, 2013, the Defendant: (a) purchased 9,00 bits (Korean currency equivalent to KRW 3.60,000) from Thailand to the Thailand, and (b) purchased 12 Egypt 12 bottles; (c) on December 29, 2013, at the Si of Thailand, the Defendant was on board the aircraft of the Republic of Incheon at around 20:00 on the same day, by pretending the completion of the Egypt to be cosmetics in Thailand as cosmetics; and (d) purchased the Egys or pumps at the airport of Thailand around December 29, 2013, the Defendant was on board the aircraft of the Republic of Incheon at around 20:0 on the same day.

As a result, the Defendant imported 12 diseases, a temporary narcotics, etc.

2. On January 17, 2014, around 17:03, the Defendant: (a) received KRW 190,00 from E as the price for the purchase and sale of Isopopopopon; and (b) issued three of the two-way propopon imported, such as paragraph (1).

Accordingly, the defendant sold a protruding, a temporary narcotics, etc.

3. On January 17, 2014, the Defendant, around 17:03, placed eight diseases in a waiting room for the Jongno-gu Seoul Metropolitan Government Calton D, as set forth in paragraph (1), among the two-propists imported as well as paragraph (1).

Accordingly, the defendant possessed a protruding, a temporary narcotics, etc.

4. On January 20, 2014, the Defendant, at the Defendant’s house located in Seocheon-si F, kept the remainder of 1 bottles remaining after selling and possessing as set forth in paragraphs 2 and 3, among the Egyptn imported as set forth in paragraph 1.

Accordingly, the defendant possessed a protruding, a temporary narcotics, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (related to seized articles, entry and departure, appraisal report: 2014-H-808), investigation report (related materials attached);

1. Each protocol of seizure;

Application of Statutes

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

Articles 58(1)3, 5-2(5), 3 subparag. 5, and 2 subparag. 3(a) of the Narcotics Control Act (the importation and sale of a part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes with punishment provided for in the Act on the Control of Narcotics, etc. ( native to the Act on the Control of Narcotics, etc.)]

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. Social service order;

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

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

Reasons for sentencing

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

2. Application of the sentencing criteria;

(a) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the import of doublepropy;

[Determination of Types] Narcotics; Import, Manufacture, etc. of Narcotics; Items (a) and (b), etc. (Type 3) of the Local Tax Service;

【Special Convicted Person】

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

(b) Concurrent crimes;

1) The crime of violation of the Act on the Control of Narcotics, etc. (flavoring) by selling and selling propycil.

[Determination of Types] Narcotics and Local Affairs (Type 3), etc. (Type 3) such as the sale, purchase, brokerage, etc.

【Special Convicted Person】

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

2) Violation of the Act on the Control of Narcotics, etc. (flavoring) by holding a proton, etc.

[Determination of Types] Medication, Simple Possession, etc.

【Special Convicted Person】

[Scope of Recommendation] Imprisonment from one year to three years (Basic Area)

(c) Scope of the recommended punishment that is modified according to the standards for handling multiple crimes: 4 years to 11 years [the lower limit of the recommended sentence for the basic crime shall be 4 years, and the upper limit shall be 1/2(6) of the upper limit of the recommended sentence for the first concurrent crime and 1/3(1) of the recommended sentence for the second concurrent crime shall be 7 years, which is limited to the recommended sentence scope of the basic crime, respectively]

3. Determination of sentence: A sentence of imprisonment with prison labor for a limited period of three years and six months; a crime related to narcotics, etc., which has great harm to individuals and society for 80 hours; the defendant committed the crime of smuggling in this case with the aim of selling a protopy, a temporary narcotics, etc. in Korea to make profits; and some of them actually sold; however, the illegality of the defendant is not significant; however, the defendant recognized the crime in this case and reflects his mistake in depth; temporary narcotics, etc. imported by the defendant are relatively small; the defendant was seized to an investigative agency; the defendant was the primary offender; the defendant was determined within the applicable sentencing range in law, taking into account all the sentencing conditions specified in the arguments in this case, such as the defendant's age, character and conduct, environment, motive for the crime; and circumstances before and after the crime; and the execution of the sentence shall be suspended because there are reasons to take into account such circumstances.