(영문) 서울중앙지방법원 2017.6.28. 선고 2017고합470 판결

One color glass container containing subparagraph 5 of this Article (No. 6), one color glass container containing fluort 7 (No. 8), one color glass container containing fluort 9, one color glass container containing fluort 10ml (No. 30ml x 6l , No. 14), one bottle containing 15, one (No. 16), two (No. 17), two (No. 18), five (No. 19), five (No. 19), 27 (No. 219), fluort 210 (No. 21), and fluort 210 (No. 210), respectively, on which the cluort 15 contained therein was confiscated.

360,000 won shall be additionally collected from the defendant.

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

Reasons

Criminal facts

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated the psychotropic drugs, MMA (hereinafter referred to as the “HB”), and GHB as follows:

1. Purchasing narcotics;

(a) Purchasing philophones;

At around 19:00 on April 15, 2017, the Defendant purchased approximately 2g 10,000 clock from 'V' hotel 808 in Thailand to 'W', an Thailand, at the guest room at 808, the Defendant purchased approximately 10,000 clock ( approximately 340,00 clock).

B. X-si Purchase

At around 19:00 on April 17, 2017, the Defendant purchased 13 12,000 bit from 'W', an Thailand, at the same place as the above paragraph (a).

At around 19:00 on April 22, 2017, the Defendant purchased approximately 8.32 g of philopon from 'W', an Thailand, at the same place as the above paragraph (a) to 20,000 g of philopon (Korean approximately KRW 6.80,000,000), and GHB 145.2 g of 8,400 g (Korean approximately KRW 2.80,000,000) respectively.

2. Medication of narcotics;

(a) Medication of philophones;

1) On April 15, 2017, the Defendant posted approximately 0.1g of phiphonephones in a glass pipe at the same place as Paragraph (a) of the above Article 1, and inhaled the smoke.

2) On April 22, 2017, the Defendant inhaled approximately 0.1g of phiphones at the same place as the above 1-A, at the same time as the above 1-A.

Accordingly, the defendant administered philophones twice.

(b) X-type medication;

1) On April 17, 2017, the Defendant: (a) at the same place as that of the above No. 1-A, and (b) at the same time, sent X-si notice along with water.

2) On April 22, 2017, the Defendant: (a) at the “X” club located in Thailand, Thailand, Thailand, cock together with water.

As a result, the Defendant administered X-si on two occasions.

3. Import of narcotics;

On April 23, 2017, the Defendant: (a) included 68.8gg of living water containing approximately 10.32gh from the guest room of the above 'V' hotel No. 808; (b) included 145.2g in plastics’’s cosmetics; (c) concealed three color glass bottles containing the total of 145.2g; and (d) concealed 12g of the X-gu 12g in the Defendant’s travel room, and arrived at the port of the Kim Sea (Y) located in Gangseo-gu, Busan on the same day.

Accordingly, the Defendant imported psychotropic drugs-related philophones, GHB, and X-mail.

Summary of Evidence

1. Defendant's legal statement;

1. A notification of the results of search and seizure, the general list of seized articles, each investigation report, the resident inquiry, the entry and departure inquiry, the second temperature test, the customs house search photographs, passport copies, photographs, seized articles photographs, records of seizure, records of seizure (EXP, etc.), confirmation of the results of simple reagents test, records of seizure, each request for appraisal, reports on inquiry and expert opinion, and the results of legal and chemical appraisal;

Application of Statutes

1. Article applicable to criminal facts;

Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (which means the purchase and administration of opphones and GHB), Articles 61(1)5, 4(1)1, and 2 subparag. 3(d) (which means the purchase of opphones) of the Narcotics Control Act, Articles 58(1)6, 4(1)1, 4(1)3(b) (which means the receipt of opphones and GHB) of the Narcotics Control Act, Articles 60(1)3, 4(1)1, and 2 subparag. 3(d) (which means the receipt of opphones and GHB) of the Narcotics Control Act, Articles 60(1)3, 60(1)3, and 4(1)1, and 2 subparag. 3(d) of the Narcotics Control Act.

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (flag) due to the importation of phiphonephones, GHB and X-gu, and the punishment imposed on the violation of the Act on the Control of Narcotics, etc. (flag) due to the importation of phiphones

1. Selection of punishment;

In regard to the crimes of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of oponphones, X-si, GHB and X-siphones, each of the crimes of violation of the Act on the Control of Narcotics, etc. (flavoon) due to the administration of oponphones, the selection

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (compacting Crimes) due to the Import of Severe Handphones)

1. Discretionary mitigation;

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

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

[Calculation of Additional Charge] 360,000 won (=20,000 won for two-time medications of phiphonephones (=100,000 won x two times) + 160,000 won for two-time medications of X-gu (=80,000 won x two 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. The scope of recommendations on the sentencing criteria: The sentencing criteria are not applicable since the crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) due to the importation of phiphonephones, GHB and X masterss are in an ordinary concurrent relationship: Provided, That the sentencing criteria are determined for the crimes of violation of the Act on the Control of Narcotics, etc. (flavoking) due to the importation of phiphonephones,

Determination of ○ Type: Type 3 (Narcotic drugs, perfumeaa and (b), etc.) of the Import, Export, etc. of Narcotics.

○ Scope of Recommendations: Imprisonment for a term of four to seven years (basic areas)

3. Determination of sentence: Four years of imprisonment; and

The crime related to narcotics, such as the crime of this case, is not only to avoid the body and mind of an individual, but also to cause another crime due to harm to the national health, toxicity, and stimulation, etc., which is highly likely to cause harm to the society. In particular, the import of narcotics, etc. is likely to further increase the domestic supply and distribution of narcotics, etc., and thus, is highly likely to cause such risk and criticism. The defendant imports a large amount of phiphones to the extent that it can be administered more than 10 times from about 100 times to about 200 times. The defendant all of the crime of this case, the defendant is led to the confession of the crime of this case and his mistake, and there is no same history of the defendant, and there is no evidence that the defendant separately sold or distributed the psychotropic drugs imported by the defendant, and all of the psychotropic drugs imported by the defendant have been seized, and the defendant's age, character and behavior, environment, the circumstances and method of the crime of this case, etc. shall be determined by comprehensively taking account of various sentencing factors before and after the crime.