2017Gohap501 Violation of the Act on the Control of Narcotics, etc. (franking)

1. A;

2. B

Kim Chang-seop (Lawsuit), Kim Jung-il (Trial)

Attorney C (the national election for the defendant A)

Law Firm D (Defendant B)

Attorney E

June 29, 2017

Defendant A shall be punished by imprisonment for a period of two and a half years, and Defendant B, for a period of four months.

However, the execution of the above punishment shall be suspended for 4 years for Defendant A, and for 1 year for Defendant B from the date this judgment became final and conclusive.

Defendant A shall be put on probation and shall be ordered to take a 40-hour pharmacologic treatment course.

3,450,00 won from Defendant A and 150,000 won from Defendant B shall be collected respectively.

To order the Defendants to pay an amount equivalent to the above additional charges.

Criminal History Office

1. Defendant A

(a) Import of Macampopon (one philophone, hereinafter referred to as "philoopon");

On December 2, 2016, the Defendant: (a) put about 8g of psychotropic drugs, at the promotional airspace in China, by dividing up psychotropic drugs into 2 parts of coffee paper; and (b) went into 15:30 of the same day through the Incheon International Airport on the same day.

Accordingly, the defendant imported philophones even though he is not a narcotics handler.

(b) Receipt and sale of philophones;

1) Crimes committed on December 2016, 201

On December 2, 2016, the Defendant sent approximately 1.5g of the penphones imported into B, as described in paragraph 1(a), at the trade influence room in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, for approximately 1.5g of the penphones imported.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

2) Offenders on December 2016

On December 2, 2016, the Defendant sent approximately 4g of the penphones imported into B, as described in paragraph 1(a), at the trade influence room located in Seocho-gu Seoul Seochodong, Seocho-gu, Seoul.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

3) Crimes committed on January 2017

On January 2017, the Defendant sent approximately 1.5g grams from the Defendant’s house located in Gangseo-gu Seoul Metropolitan Government F apartment 102 Dong 505 to B of approximately 1.5 grams from among the penphones imported closely as described in paragraph 1(a), and received 1.5 million won from B.

Accordingly, even if the defendant is not a narcotics handler, he traded phiphones.

4) Offenders on March 2017

On March 2017, the Defendant sent approximately 0.5g of the penphones imported in the Defendant’s residence as described in Article 1(b)(3) to B, as described in Article 1(a).

Accordingly, the defendant received philophones even though he is not a narcotics handler.

2. Defendant B

On March 2017, the Defendant received approximately 0.5g 0.5g philopon from A at the residence of a policeman A.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

Summary of Evidence

[The remainder of paragraph (1)(b)(3)]

1. Defendants’ respective legal statements

1. Each investigation report (Evidence list 1, 2, 9, 19);

1. Each protocol of seizure, each list of seizure (a list of evidence 3, 4, 5, and 6) (a list of evidence)

1. The defendant A's partial statement

1. The second suspect examination protocol prepared by the public prosecutor against Defendant A;

1. Each investigation report (Evidence list 1, 2, 19);

1. Records of seizure and the list of seizure (Evidence 3, 4);

Application of Statutes

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

(a) Defendant A: Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) (the occupation of the importation of a penphone and the choice of the limited term of imprisonment) of the Narcotics Control Act, Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (each of the two choice of imprisonment with prison labor) of the Narcotics Control Act;

(b) Defendant B: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the point of receiving a scopon and the choice of imprisonment);

1. Aggravation for concurrent crimes;

Defendant A: Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (compacting) due to the import of a phiphone with the largest penalty provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

Defendant A: Articles 53 and 55(1)3 of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Suspension of execution;

Article 62(1) of each Criminal Code (The following consideration shall be made again for the reasons for sentencing)

1. Probation, order to attend lectures or order to provide community service;

Defendant A: Article 62-2 of the Criminal Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

○ Defendant A: 3,450,000 won in total

- Sales proceeds of 1,500,000 won for 1.5 grams as described in paragraph 1(b)(3) of the holding

- Other 6.5g (=8g - 1.5g) x 300,000 won per 1 gram, excluding the above 1.5g among the penphones listed in paragraph (a) of the ruling 1 = 1,950,000 won

○ Defendant B: 150,000 won

- 0.5g philophonephones listed in paragraph 2 of the judgment 】 300,000 won per gram = 150,000 won;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Defendant A

(a) Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years; and

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the import of phiphones;

[Determination of Types] Narcotics Criminal Group, Export, Import, etc., Type 3 (Narcotic drugs, flag (a) and (b))

【Special Convicted Person】

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

2) Concurrent crime 1: The crime of violation of the Act on the Control of Narcotics, etc. (fence) by selling and selling phiphones as indicated in the judgment

[Determination of Types] The Group of Narcotics Crimes, Trade Mediation, etc., and Type 2 (mariju, malibbbs, item (c), etc.)

【Special Convicted Person】

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

3) Concurrent Crimes 2: Crimes of violation of the Act on the Control of Narcotics, Etc. (flavoking), which is committed on December 2016, 2016 as indicated in the holding.

[Determination of Types] The Group of Narcotics Crimes, Trade Mediation, etc., Type 2 (mariju, Malieb (b) and (c)

【Special Convicted Person】

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

(c) Scope of recommended sentences based on the standards for handling multiple crimes: Imprisonment with prison labor for a period of four years to eight years;

(d) Determination of sentence;

The crime of narcotics, such as the crime of this case, is not easy to detect due to its characteristics, and the risk of recidivism is high, as well as the negative impact of the society on the whole due to decliability, toxicity, etc., more likely to cause the spread of narcotics and the additional crime resulting therefrom, and thus, the crime liability is not light, and the defendant A sells or receives the closely imported penphones to the defendant B as stated in its reasoning. In light of the above, it is necessary to punish the defendant A strictly.

However, in full view of the following factors: Defendant A confessions most of the instant crimes; Defendant A has no record of criminal punishment; Defendant A has been subject to criminal punishment; and all of the sentencing factors indicated in the records and arguments of the instant case, including the age, environment, character and conduct, motive and means of the instant crime; and circumstances after the crime, etc., Defendant A deviate from the lower limit of the recommended sentencing criteria, and determine the punishment as ordered

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment for one month to ten years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Types] The Group of Narcotics Crimes, Trade, Mediation, etc., Type 2 (mariju, Mali (b) and (c)

【Special Escopics】 Purchasing or receiving for medication, simple possession, etc.

[Scope of Recommendation] Imprisonment from 8 months to 1 year and 6 months (Mitigations)

(c) Determination of sentence;

In light of the characteristics of the crime such as the instant crime, it is difficult to detect narcotics, etc., and the risk of recidivism is high, as well as the negative impact on the society as a whole due to decentralization, toxicity, etc., it is necessary to strictly punish Defendant B.

However, Defendant B is the confession of the instant crime, Defendant B appears to have received a penphone for the purpose of administering the instant crime, Defendant B is being prosecuted for the violation of the Act on the Control of Narcotics, etc. and pending trial, and all of the sentencing factors indicated in the records and arguments of the instant case, including Defendant B’s age, environment, character and conduct, motive and means of the crime, and circumstances after the crime, shall be comprehensively considered.

It is so decided as per Disposition for the above reasons.

For the presiding judge or judge;

The same judge's identity

Judges Lee Young-young

1) As of March 2017, Seoul average retail price (Evidence No. 298 pages) as of (Evidence No. 298 pages), the market price as of the closing date of the instant pleading is also presumed to be the same. The same applies hereinafter.