2015Gohap134 Violation of the Act on the Control of Narcotics, etc. ( natives)

A person shall be appointed.

Head of the Office (A prosecution) No. 300,000

Attorney Park Do-young

June 18, 2015

A defendant shall be punished by imprisonment for four years.

The seized electronic storage 1 (Evidence 7), 4 (Evidence 8), 2 (Evidence 8), 2 (Evidence 9), 2 (Evidence 11), 2 (Evidence 12), 2 (Evidence 12), 1 (Evidence 13), 1 (Evidence 14), 2 (Evidence 15), 4, 4 (Evidence 16), 2, 2, 2, 2, 2, 2, 17, 17, 100 square meters (Evidence 14), 17, 100,000,000 in the shape of the round (Evidence 16), 2,000,000 2,000,000 (Evidence 17,000), 2 (Evidence 18), 17,000,000).

3,454,820 won shall be additionally collected from the defendant.

Criminal facts

The defendant is a foreigner of Chinese nationality who is not a narcotics handler.

1. On January 18, 2015, the Defendant: (a) around January 18, 2015, around the new wall, sold approximately 0.7 grams of Metepopty (one philopopon; hereinafter referred to as “philopon”) 0.7 gram, a psychotropic drug purchased from a person under his/her name in front of the new forest station located in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, by receiving KRW 300,000 in cash from B; and (b) thereby, the Defendant traded psychotropic drugs, even if he/she is not a narcotics handler.

2. On January 21, 2015, the Defendant: (a) received a telephone call from the above B to request a philopon; (b) sold D 00,000 won in cash from the alleyway near the gold basin located in the Sinpo-si in the Sinpo-si.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold psychotropic drugs philophones.

3. On February 2, 2015, the Defendant: (a) placed about eight g of philophones purchased from a person with no name in a trade name in an influence in China; (b) placed them in a cosmetics container in a liquid state by melting them in water; and (c) concealed them in the bank.

On February 28, 2015: around 30, the Defendant, with the above bank around 15:30, arrived at the Incheon National Port at around 17:50 on the same day by using a letter of aircraft** * 17:50 on the same day.

Accordingly, the Defendant imported psychotropic drugs, even though he is not a narcotics handler.

4. From February 28, 2015 to March 2015, the Defendant made approximately KRW 5.06 g of liquid philopon, as described in the foregoing paragraph (3), into a solid body with implements, such as alcohol lamps, dunes in the shape of dulopon, asbestos bags, etc.

On March 3, 2015: around 35, the Defendant: (a) placed on the passenger car parked adjacent to the border point of Hana Bank, Yeongdeungpo-gu, Seoul, the Doro, Han-gu, Seoul, by dividing into six transparent plastic plastic bags, sealed the plastic phone into six plastic plastic bags, and carried it in the main machine of the Defendant’s shop.

Accordingly, even if the Defendant is not a narcotics handler, he possessed a psychotropicly-psychotropic drug philopon.

Summary of Evidence

Omission

Application of Statutes

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

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the importation of phiphones, the selection of limited imprisonment) and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc., and Articles 60(1)2, and 4(1)1, and 2 subparag. 3(b) of

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Article 38 (1) 2 of the Act on the Control of Narcotics, etc. by Import of Handphones with the largest punishment]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da15488, Apr. 2

1. Confiscation;

Article 48(1)1 of the Criminal Act, the main sentence of Article 67 of the Act on the Control of Narcotics

1. Additional collection:

Article 48(1)2 and (2) of the Criminal Act, proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the collection of 3,454,820 won in total, 2,820 won in each gram of 1 gramopon (903,000 won in each gramopon) 2,654,820 won in total, 3,454, and 820 won in each gramopon as of January 2015, 200 as of January 1, 2015, except 5.06g of gramopon, which was seized and discarded among 8 grams imported by the defendant, as described in paragraph (3) of the same Article] of the proviso to Article 67 of the Act on the Control of Narcotics, etc.

1. Reasons for sentencing: Imprisonment for a period of two years and six months from June to June 22;

2. Scope of applicable sentences according to the sentencing criteria;

(a) Basic crime: the crime of violation of the Act on the Control of Narcotics, etc. by phiphones imported (flaps);

[Determination of Type] Narcotics Crimes, Export, Import, Manufacture, etc., Narcotics, psychotropic Items (a) and (b), etc. (Type 3)

【No special-speed person or general-speed person】

[Scope of Recommendation] Imprisonment of 4 to 7 years (basic areas)

(b) Class 1 concurrent crime: A crime of violating Acts by the control of narcotics, etc. by selling and purchasing phiphones (overcoming); and

[Determination of Type] Narcotics Crimes, Sales Mediation, etc., Narcotics, flags, Flags, Item (b) and Item (c).

【No special-speed person or general-speed person】

[Scope of Recommendation] One year to two years (basic area) imprisonment

(c) Second concurrent crime: A crime of violation of any Act for the Control of Narcotics, etc. by holding of phiphones; and

[Determination of Type] Narcotics Crimes, Medications, Simple Possessions, etc., (b) and (c) (Type 3)

【No special-speed person or general-speed person】

[Scope of Recommendation] 10 months to 2 years (basic areas)

(d) Recommendation Decision: Imprisonment with prison labor for four to eight years (seven years for a term of imprisonment with prison labor for a term of seven years, which is the maximum limit of sentence for basic crimes), one year, two years, and one year for a term of imprisonment with prison labor for a term of one-two years, and one-third, the maximum limit of sentence for concurrent crimes); and

3. Determination of sentence;

The crimes related to narcotics, etc., which cause many harm to society throughout the society, such as impairing national health and causing other crimes, etc., and the Defendant appears to have committed the crime of this case closely by melting phiphones into the water to import phiphones in order to separate them from China, etc.

However, the fact that the defendant suffers from non-sexual heart disease and health is not good, and the defendant has no criminal power and has a depth of his/her mistake, etc. are the sentencing factors favorable to the defendant. In addition, considering the age, character and conduct, environment, etc. of the defendant, the sentence against the defendant shall be determined as the sentence of the defendant.

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

The presiding judge's seat

Judges Kim Jae-in

Judge Lee Ho-hoon