209 Highest 6195 Violation of the Act on the Control of Narcotics, etc. (franking)

2010 Highest 137(Joints)

Kim A (66 years old, South)

Maximum Constitution

Attorney Full Human Rights (National Assembly)

February 9, 2010

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 and 2 shall be confiscated, respectively.

8,400,000 won shall be additionally collected from the defendant.

Criminal facts

On June 22, 2006, the Defendant was sentenced to imprisonment with prison labor for special robbery at the Seoul Western District Court for three years and six months, and the execution of the sentence was completed on September 22, 2009 by the Ansan Prison, and is not a person handling narcotics.

1. On October 2009, the Defendant: (a) received request from EC1 for the delivery of psychotropic drugs from EC1; (b) received the transfer of 8,40,000 won in the face-to-face from a national bank passbook in the name of the Defendant to the head of the national bank; and (c) directed Kim C2 of the transfer of pedon to pedon.

On October 23, 2009, the Defendant received approximately 30g of c1 philophones delivered to laundry in the vicinity of the house of thisC1 located in the Geumdong-dong, Busan, and gave rise to this to this C1. Accordingly, the Defendant arranged the trade of 30g philophones between this C1 and Kim C2.

2. On November 15, 2009, at around 18:00, the Defendant issued approximately 0.29g of the triphones in the Busan Seo-gu trigrams and in the entertainment room in the Busan Seo-gu, the Defendant issued approximately 0.29g of the triphones in the paper to this C3 as a sampling.

3. At around 14:20 on November 17, 2009, the Defendant: (a) placed approximately 99.15g of philophones in a vinyl straw for sale in the entertainment room; and (b) carried them.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspect to the prosecution against thisC1;

1. Each prosecutor's statement concerning thisC3, and thisC1;

1. Seizure records;

1. Requests for appraisal;

1. Photographs of seized articles;

1. Each investigation report (calculated of the purchase price of phiphones and additional collection charges);

1. Previous convictions: Inquiries of criminal records, investigation reports (a copy of the judgment and a report confirming the fact of release);

Application of Statutes

1. Article applicable to criminal facts;

Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

Judges Han Han-Gyeong