2013Gohap1354 Narcotics Control Act, etc. (fence) and the Control of Narcotics, etc.

Violation of the Act (Cannabis)

A

Kim So-young (prosecutions), Song-chul, Choi In-bok, and Choi In-bok (Trial)

Attorney B (National Ship), C (National Ship)

March 12, 2014

A defendant shall be punished by imprisonment for three years.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation for three years and to take a course of pharmacologic treatment for 40 hours.

The seized 5F-UR-14 Total 4.9g (Nos. 1 and 2), 2 (No. 3), 1 (including packaging paper), 6 (No. 4), 6 (proof No. 5), 1 (proof No. 6), 18 (proof No. 7), 1 (proof No. 8), 1 (proof No. 8), 1 (proof No. 9), 1 (proof No. 9) of international express shipment bags shall be confiscated.

371,500 won shall be additionally collected from the defendant.

Criminal facts

1. Violation of the Narcotics Control Act;

Although the defendant is not a person handling narcotics, the defendant should not handle 5F-UR-144, a temporary psychotropic drug that is not a person handling narcotics, he/she purchased and used 5F-UR-144 from an overseas website for the purpose of selling narcotics, etc., and handled 5F-UR-144 as follows.

A. On June 28, 2013, at around 19:00, the Defendant entered the ID and password by accessing the aforementioned website at the Defendant’s residence located in the Seoul Special Metropolitan City FF and 501, and settled KRW 185,000 with the bank card (H) used by the Defendant, after ordering approximately 5g of approximately 5 F-UR-144 (name of the good, ‘brucing brucing brucing brucing brucing brucing brucing tobacco, innerly named brucing tobacco).

그리고 위 웹사이트를 이용하여 마약류를 판매하는 운영자는 2013. 6. 하순경 미국 뉴저지주 해켄섹 이하 불상지에서 5F-UR-144 약 5g을 국제우편물 속에 은닉한 후 불상의 항공편으로 발송하고, 위 불상의 항공편은 그때로부터 약 4-7일후 무렵 인천 중구 운서동에 있는 인천국제공항에 도착하였으며, 피고인은 2013. 7. 6.경 서울 관악구 G 1층에 있는 편의점에서 국내 택배사를 통해 위 국제우편물을 수령하였다.

Accordingly, the defendant imported 5F-UR-144 in collusion with the above web site operator.

B. On July 19, 2013, at around 21:00, the Defendant visited the website at the above Defendant’s residence, ordered approximately 5 g of approximately 5 F-UR-144 (nameed goods, hereinafter “F-UR-144”), and settled KRW 185,00 with the above Li Bank’s card (H).

그리고 위 웹사이트를 이용하여 마약류를 판매하는 운영자는 2013. 7. 중순경 미국 뉴저지주 해켄섹 이하 불상지에서 5F-UR-144 약 5g을 국제우편물 속에 은닉한 후 불상의 항공편으로 발송하고, 위 불상의 항공편은 그때로부터 약 4-7일후 무렵 위 인천국제공항에 도착하였으며, 피고인은 2013.7.21.경 서울 송파구 I에 있는 J카운터에서 국내 택배사를 통해 위 국제우편물을 수령하였다.

Accordingly, the defendant imported 5F-UR-144 in collusion with the above web site operator.

C. At around 22:00 on July 27, 2013, the Defendant visited the website at the seat of the above Defendant, ordered approximately 5 g of 5 F-UR-144 (name of the goods) and settled KRW 185,00 with the above bank card (H).

In addition, on July 2013, an operator who sells narcotics, etc. using the aforementioned website, sent approximately 5F-UR-14 g (B/L number) to the Korean Air (KE) 258 air services after concealing it in the area of international express shipment (K) by cosmeticing 5F-UR-14 g of the United States New High Port (U.S.) as cosmetics, and the said air services arrive at the port of the above Incheon State on July 31, 2013, and the Defendant received the said international mail at the front of the Gwanak-gu in Seoul Special Metropolitan City on August 2, 2013.

Accordingly, the defendant imported 5F-UR-144 in collusion with the above web site operator.

2. Violation of the Act on the Control of Narcotics, etc.;

At around 00:00 on August 2, 2013, the Defendant, at the “M” toilet located in Guro-gu Seoul Metropolitan City, deducted the beginning of the tobacco 'weat source', putting the tobacco 0.5g in the site, and then drank with a smoke that occurs by attaching the fire.

Accordingly, the Defendant smoked marijuana.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each investigation report (report on attachment, sales site, and mobile analysis related to seized articles), and report on detection of 5F-UR-144.49g of U.S. express shipments;

1. A copy of the Seoul Central District Court Decision 201Gohap1607, an import declaration and an inquiry about the list of customs clearance, a printed screen of 'D', 'D', 'D', and 'D' transaction list;

1. Analysis report on the results of analysis, and notification on the results of appraisal of narcotics;

1. Seizure records;

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, Article 30 of the Criminal Act (the occupation of revenues of 5F-UR-144, the choice of limited imprisonment), Article 61(1)4(a) and Article 3 subparag. 10(a) of the Narcotics Control Act (the occupation of smoking marijuana and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and Article 50 shall apply mutatis mutandis to concurrent crimes committed in violation of the Act on the Control of Narcotics, etc., as stated in paragraph (1) 1 of the same Article]

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 (Concurrent Consideration for Discretionary Mitigation)

1. Orders for probation and education;

Article 62-2 (1) and the proviso to Article 62 (2) 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, and Article 48 (1) 1 of the Criminal Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act [the basis for calculation of the amount of additional collection: 371,50 won = the purchase price set forth in subparagraph 1 (A), total of 370,000 won in holding, + 1,500 won in the market price of the hemp that has been smoked (the price for cancer transaction at the Seoul Metropolitan Government Pacific)];

Judgment on the argument of the defendant and defense counsel

As to the facts of the crime in the judgment, the defendant and his defense counsel asserted that the walves of the wal site operator voluntarily sent the walves of the walves under the pretext of sampling and that the walves were not aware of the walves at the time when the defendant smokes. However, the following circumstances acknowledged by the aforementioned evidence are as follows: ① although the defendant did not accurately know what the walves of the walves in the court, he stated that at least walves constitute temporary narcotics (temporary psychotropic drugs) prohibited from handling at least walves; ② since 2006, the defendant stated that walves had been using the walves from the court, and 2012, walves the walves of the walves of the walves site operator had been sentenced to suspension of 1 year for the violation of the Narcotics Control Act (mariju) and walths.

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) A violation of the Act on the Control of Narcotics, Etc. by importation of 5F-UR-144;

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

[Special Aggravationd Persons] Aggravationd: Dong previous division (a suspended sentence of not more than three years)

[Scope of Recommendation] Imprisonment from 5 years to 8 years (Aggravated Field)

(b) A violation of the Act on the Control of Narcotics, etc. Due to Smoking;

[Determination of Types] Medition, simple possession, etc. (Type 2) of a narcotics crime group: marijuana, a perfume item (d) and (e) (Type 2).

[Special Aggravationd Persons] Aggravationd: Dong previous division (a suspended sentence of not more than three years)

[Scope of Recommendation] 10 months to 2 years (Aggravated Field)

(c) The range of final recommendations: 5 years to 14 years [the total of 8 years, each which is the maximum range of recommended sentences for crimes resulting from multiple offenses, 5F-UR-144 income, 1/2 (=4 years), and 1/3 (two years and eight months)];

3. Determination of sentence: Imprisonment with prison labor for a period of four years of probation, three years of probation, and an order to attend a pharmacologic course for 40 hours.

In light of the fact that the Defendant committed the instant crime again during the suspended execution period, even though he/she was sentenced to a two-year suspended sentence due to the violation of the Narcotics Control Act in 2012, and that there is a need to prevent social harm caused by the increase in the import of new types of narcotics through international mail, such as the instant case, the Defendant’s liability is not easy.

However, as the Defendant divided his mistake, shows the intention of active treatment of narcotics addiction, the temporary psychotropic drugs imported by the Defendant are relatively large, and some of them have been seized, and the Defendant appears to have closely imported the temporary psychotropic drugs of this case for personal use, not for distribution in the Republic of Korea. In addition, considering all of the sentencing conditions of the Defendant in the arguments of this case including the Defendant’s age, character and conduct, environment, motive of the crime, circumstances before and after the crime, etc., and the jury’s opinions on sentencing, a sentence lower than the lower limit of the above sentencing sentence shall be set and the execution of the sentence shall be suspended.

jury verdict and sentencing opinion;

1. A verdict of guilt or innocence;

○ Criminal facts No. 1 (5F-UR-144 Revenues): Opinions of guilt of all nine jurors

○ Crime No. 2 (the point of smoking marijuana): The jury's opinion of conviction against all nine jurors.

2. Opinions on sentencing

○ Five years of imprisonment: One juror.

4 years of suspended sentence for three years of imprisonment with prison labor for three years of probation; 4 years of suspended sentence for three years of imprisonment with prison labor for three years of jurors; 3 years of probation: 5 persons of probation;

The judges of the presiding judge;

Judges Kim Gin-hee

Judges Lee Jae-ho