2017Gohap218-1 Violation of the Act on the Control of Narcotics, etc. (franking)

A

In case of a new rank (prosecution), a chief executive officer, or a public trial

Attorney B (Korean National Assembly)

January 4, 2018

A defendant shall be punished by imprisonment for five years.

It shall be confiscated about 30.27 g(Evidence No. 2) of seized vinyl paper and finite, sealed in finite paper and finite paper.

Criminal facts

【Criminal Power】

On October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on October 15, 2015 and completed the execution of the sentence on August 20, 2016.

[Criminal Facts] The Defendant and C dealt with psychotropic drugs, psychotropic drugs, although they are not the persons who handle narcotics, as follows:

In relation to a case under investigation by C due to the suspicion of possession of phiphones, the Defendant requested C to cooperate in the investigation of a narcotic offender for the arrest of the person before narcotics and notified C of the name, address, etc. of an appropriate person before narcotics, the Defendant proposed C to send phiphones by international mail to the person in a foreign country and to control them by reporting them to the investigation agency (one-time method).

Accordingly, on March 27, 2017, C had the name of ‘E' that was known through ‘E' D' and ‘G cafeteria located in the F of the Gyeongbuk-gun, G Gyeongbuk-gun, while displaying a person subject to the above London Doctrine Act, C had the name of ‘E' and ‘G cafeteria located in the F of the Gyeongbuk-gun.

On April 5, 2017, at around 20:30 on April 21, 2017, the Defendant: (a) concealed approximately 30.27 galopon inside three backs of the oponon, using the oponon after the opononing of name in the Madon Airport located in the Republic of China; and (b) recorded the addressee as “E”, “E”, “E adjacent to the FF of the Gyeong-gun,” “K,” and “L,” and sent it to the Republic of Korea on April 23:11, 2017.

Accordingly, the Defendant and C conspiredd to import approximately 30.27g of philophones as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Each police statement of E, M, and D;

1. A protocol of seizure and a list of seizure of police officers dated April 22, 2017;

1. Each investigation report (with respect to the composition ("copon") and weight (30.27g) of seized articles, as a result of national examination and assessment, as a result of D's interview recording file verification, as a result of D's interview recording file verification, as a result of attachment of a narcotic appraisal report (A, philopon), suspect C mobile phone digital evidence analysis- CD attachment) and respective accompanying documents;

1. Reports on internal investigation (Attachment of evidentiary photographs - International postal inspection division by the customs office of Incheon Airport), and accompanying documents;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (verification of the date of release from A of a suspect and reporting accompanied by a certified copy of a judgment) and statutes attached thereto;

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

Article 58(1)6, Article 4(1)1, Article 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

Judgment on the argument of the defendant and defense counsel

The defendant and his defense counsel asserted that the defendant was detained under detention for a considerable period of time in China due to the crime of this case.According to the evidence duly admitted and investigated by the court, the defendant voluntarily sought to the Korean consular official in the Republic of Korea, was detained on August 24, 2017, and was repatriated to the Republic of Korea on September 5, 2017.

According to the above facts, since the defendant was not detained pending trial in China due to the crime of this case, and was detained due to the suspicion of illegal stay, the above assertion by the defendant and his defense counsel cannot be accepted.

1. The grounds for sentencing: Imprisonment with prison labor for up to 50 years;

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] Class 3 (Narcotics, Manufacturing, etc.) [Special Fluor] Aggravation (Special Fluor) (where there are grounds for criticism in the criminal behaviors, referring to the previous division (where there are grounds for the suspension of execution within 3 years)].

[Recommendation Area and Scope of Recommendations] Special Priority Area, 5-12 years of imprisonment

3. Circumstances unfavorable to a decision of sentencing; and

- The defendant tried to seriously harm the fairness of criminal justice by making a deceased person to be a narcotics offender using the armistice method.

After the execution of imprisonment with prison labor for a period of one year and two months for the violation of the Act on the Control of Narcotics, etc., the Defendant again commits the instant crime without being able to do so within the period of repeated crime.

The defendant is a favorable circumstance that there are many favorable records of punishment for the violation of the Act on the Control of Narcotics, Etc.

The defendant recognized the crime of this case and showed his attitude to repent of his mistake.

The Defendant did not intend to distribute imported philophones in Korea, but did not actually distribute them.

◎ 그 밖에 피고인의 나이, 성행, 범행의 동기와 수단, 범행 후의 정황 등 이 사건 재판 과정에서 나타난 제반 양형 요소를 종합적으로 고려하여 주문과 같이 형을 정한다.

The presiding judge, judge and chief offender;

Judges Kim Gin-soo

Judges flooded Jins