2014Gohap549 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Public trial (public trial) for the original place, for the flag, for the flag, and for the second time

Law Firm B (Attorney in charge C, D)

June 20, 2014

1. The punishment of the accused shall be determined by two years and six months;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3. The seized X-si 60 cc. (No. 1) and X-si 66 cc. (No. 2) shall be confiscated from the defendant.

4. 1.60,000 won shall be collected from the defendant.

5. The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Facts of crime

The defendant is not a person handling narcotics as an instructor of the English school of U.S. nationality.

1. X-how income;

On January 6, 2014, at around 16:04, the Defendant visited 'G', the Internet narcotics sales site, using No. 203 (F Loans) at the Defendant's home, and then entered 'H' in the recipient's name column and the Defendant's home address in the reception space column, and then ordered MaDMA (one name 'EXP'; hereinafter referred to as "EXP") 100 psychotropic drugs. The Defendant settled the price with Bitcoin, which is virtual currency on the Internet ($ 480).

A seller whose name the Defendant received the above order is unknown is sent from the Defendant via Malaysia MH06, which starts from the Netherlands 126 U.S. in a disguised manner with an international ordinary mail at the site below the Netherlands at that time, and the above X-si arrived at the Incheon National Port on January 27, 2014.

Accordingly, in collusion with the above seller, the Defendant imported 126 psychotropic drugs X-si.

2. X-type medication;

A. On June 15, 2013, the Defendant: (a) around June 15, 2013, held in the sericultural comprehensive playground in Songpa-gu Seoul, Songpa-gu, Seoul; (b) held in the performance hall of “Sulra Museum Plue Plue” [one set of X Plue City together with water].

Accordingly, the Defendant, in collusion with I, administered X-gu psychotropic drugs.

B. On October 12, 2013, the Defendant, at a performance hall, held in the Eburgian Republic of Korea located in the Aburgian-Eup, the wife population in Chungcheongnam-si around October 12, 2013, took one X-si as well as one water at the X-si.

Accordingly, the Defendant, in collusion with I, administered X-gu psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of I by the prosecution;

1. I's self-statement;

1. Each Incheon Airport Customs Detection report, each report on the results of analysis, each report on the results of appraisal of narcotics, and each appraisal report;

1. Investigation report (verification of the site for the purchase of X-type and Bitcoin, specific date of medication for X-type, detection of X-type ingredients, and calculation of additional collection charges);

1. Seizure records;

1. A detailed statement of the purchase of an X-type, output of the website for the purchase of an X-type, and output of the transaction site in a bitco;

1. Photographs;

Application of Statutes

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

○ Import of X-gu: 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 administration of an X-type: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes in Punishment of Narcotics, etc. (Aggravation of Concurrent Crimes) prescribed in the crime of violation of the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the importation of X-gu with the largest penalty provided for in the former part of Article 37, Article 3

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act ( repeatedly taking into account favorable circumstances among the reasons for sentencing below)

1. Confiscation and collection;

Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of recommendations;

(a) Crimes of violating the Act on the Control of Narcotics, etc. (flavotion) due to the importation of X masters;

(i)types;

Narcotic, export, manufacturing, etc. (narcoticss, narcotics, perfume items (a) and (b), etc.)

(ii)the basic territory of the recommendations;

(iii) the scope of recommendations;

From 4 years to 7 years of imprisonment;

(b) A crime of violating the Act on the Control of Narcotics, etc. (flavoring) due to medication of each X-type;

(i)types;

Narcotic, medication, simple possession, etc.

(ii)the basic territory of the recommendations;

(iii) the scope of recommendations;

From 10 to 2 years of imprisonment; or

(c) the scope of final recommendations;

From 4 years to 8 years of imprisonment [the sum of 1/2 of the maximum recommended range of the punishment for the crime of violation of the Act on the Control of Narcotics, Etc. (fence) due to the X-type medication on or around October 12, 2013, and 1/3 of the recommended range of the punishment for the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the X-type medication on or around June 15, 2013, respectively]

2. Determination of sentence;

Since narcotics crimes, in particular, the act of importing narcotics, etc. is highly likely to cause serious social harm, it is necessary to strictly punish them, and the fact that the amount of X-how imported by the defendant is not significant is disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant was a primary offender and has engaged in a faithful social life, the fact that the X-guer imported by the defendant was seized and actually distributed or used, all of each of the crimes of this case were led to confessions by the defendant, and that the defendant has shown that his mistake was seriously against the defendant, such as providing volunteer service in the elderly specialized hospital, local child center, etc. for 32 hours and 30 minutes over 13 times from February 19, 2014 to May 31, 2014 when the investigation and trial were in progress.

In addition, considering all the circumstances revealed in the pleadings of this case, such as the age, character and conduct, environment, and circumstances after crimes, the punishment shall be determined as ordered, notwithstanding the scope of the above recommended punishment.

The transfer of judge and judge

Judges Kim Dong-dong

Judges Guide-in