2015Gohap121,128(combined) Act on the Control of Narcotics, etc. (Psychotropic)

1. A;

2. B

3. C.

4. D;

Kim Jong-chul, Lee Jong-young (Public trial)

Attorney E (National Election for the Defendant)

August 6, 2015

Defendant A and C shall be punished by imprisonment for three years, by imprisonment for two years and six months, and by imprisonment for four years, respectively.

Seized 398 U.S. 398 U.S. (except for those as referred to in subparagraph 1 and 4 U.S. ) shall be confiscated from Defendant A.

3,000,000 won shall be collected from each of the Defendants.

To order the Defendants to pay an amount equivalent to the above additional charges.

Criminal facts

2015Gohap121 : Defendant A, B, and C1. Sheba imported

The Defendants are not authorized to handle the identity of each Thailand as a foreigner. The Defendants conspired with D, the same Thailand, and D, in collusion with D, shall send “YBA” to the Defendant’s workplace, a psychotropic drug, a psychotropic drug, to the Defendant’s workplace, and the Defendants received it at the workplace, and the Defendants sent one-half of them to D.

A. On March 2015, 2015, "F" in Thailand sealed 400 plastic bags with plastic bags and sealed them in a double-type stuffed international mail, and concealed them in an international specialty-oriented mail, and then sent the destination to the Defendants' workplace as "G at G at G at G at G at G at G at G, which is the Defendants' workplace, and had them arrive at Incheon International Airport by air.

As a result, the Defendants conspired with D and imported 400 psychotropic drugs in collusion.

B. On April 2015, 2015, the “F” concealed an international express postal item in the same way as that of D, and then sent the place of receipt to G upon D’s request, and entered it as “G at G at G at G at G at G at G at G at G, and made it arrive at the Incheon National Open Port as of April 30, 2015.

As a result, the Defendants conspired with D and imported 402 psychotropic drugs in collusion.

2. Medication;

A. On April 2015, the Defendants: (a) put the H factory rest room in the Seocho-si G G on a pipe made of Aluminium 2 in the night; (b) putting the bomb into the pipe made of Aluminium flusium; and (c) administering the bold in the manner of inhaleing smoke.

B. The Defendants, at the same place following the day referred to in the preceding paragraph, administered two drugs in the same way.

2015 Highis1281: Defendant D1. Highis

The Defendant is not a person handling narcotics, etc. under the nationality of Thailand. The Defendant in collusion with A, C, and B (hereinafter referred to as "A, etc.") who is the same Thailand, and the Defendant sent "YABA") to the workplace of A, etc. by contact with "F", which is a psychotropic drug, to send "YABA" to the workplace of A, etc., and A, etc. by receiving it at the workplace, etc., and then, half of them were to be delivered to the remainder of the Defendant with A, etc.

A. On March 2015, 2015, "F" in Thailand sealed 400 pinyl chlorides and sealed them in a double-finite box, concealed them in an international specialty-oriented mail, and sent the place of receipt as "G G at G at G at G at G at G at G at the domicile of the workplace of A, etc." as an air letter at the request of the Defendant.

Accordingly, the Defendant, in collusion with A, imported 400 psychotropic drugs, which contain psychotropic drugs-related cambamins.

B. Around April 2015, at the Defendant’s request, the “F” concealed an international express postal item in the same way as the 402-day international mail, and then sent the place of receipt to G, stating it as “G at G at G at G at G,” and let it arrive at the Incheon National Open Port by aviation around April 30, 2015. Accordingly, the Defendant, in collusion with A, etc., imported 402 psychotropic drugs.

2. Medication;

A. On April 2015, the Defendant administered a medication by inserting the pipes made of Azinum aluminium straw, putting them into the pipes in a string of the early Kimhae-si, and inserting a fire in a manner that inhales the smoke.

B. From the beginning of April 2015 to the end of April 4, 2015, the Defendant administered 20 times a day in the dormitory room of the Defendant at the J of J of J of J of J of J of J of J of J of J of J of J of J of the same manner.

Summary of Evidence

1. Defendants’ respective legal statements

1. An appraisal report and a narcotics appraisal report;

1. Three copies of a letter of response, three copies of a letter of transport, the details of international express postal items, and a report on investigation (calculated as a surcharge) using the YABA 402, as a result of detection and analysis of YBA 402.

1. Existing field of confiscated 398 U.S. (except for those as referred to in subparagraph 1 and 4 times consumed for appraisal);

Application of Statutes

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

(a) Defendant A, B, and C: 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 entry into the country of camping, the choice of each limited term of imprisonment), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 30 of the Criminal Act

(b) Defendant D: 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 being imported in the field, the choice of each limited term of imprisonment), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.

1. Aggravation for concurrent crimes;

Defendants: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and Article 50, and Article 37 of the same Act, and Article 38(1)2 of the same Act, and Article 50, of the same Act, shall apply mutatis mutandis to the crimes of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc

1. Discretionary mitigation;

Defendants: Articles 53 and 55(1)3 of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Confiscation;

Defendant A: the main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

Defendants: proviso to Article 67 of the Narcotics Control Act [3,00,000 won (the price shall be 400 won imported on April 1, 2015)]

1. Order of provisional payment;

Defendants: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act

1. The scope of punishment by law;

From June to June 22, 200

2. Application of the sentencing criteria;

A. Defendant A, D

1) Crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) on the Grounds of Plastic Importation

[Determination of Types] Narcotics Crime Group, Export, Import, Manufacture, etc. (Narcotic Drugs, Psychotropic Drugs, Doz. (b), etc.)

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment of 4 years to 7 years5)

2) Violation of the Act on the Control of Narcotics, etc. (flavoring) by medication.

[Determination of Type] 3 Narcotics Crime Group, Medication, Simple Possession, etc. (Raybb items (b) and (c))

[Special Sentencings] Reductions: there is no important investigation cooperation, aggravations. [Scope of Recommendations and Recommendations] Reductions; Imprisonment with prison labor for six months to one year and six months;

3) Many crime processing standards: 4 years of imprisonment (=7 years + 7 years + 1/2 + 6. X1/3)

B. Defendant B and C

1) Crimes of violation of the Act on the Control of Narcotics, etc. (flavoring) on the Grounds of Plastic Importation

[Determination of Types] Narcotics Crime Group, Export, Import, Manufacture, etc. (Narcotic drugs, perfumesa and (b), etc.)

[Recommendation and Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

2. Crimes of violation of the Act on the Control of Narcotics, etc. (flavoking) due to medication.

[Determination of Type] 3 Narcotics Crime Group, Medication, Simple Possession, etc. (Raybb items (b) and (c))

[Recommendation and Scope of Recommendations] Basic Field, 10 months to 2 years of imprisonment

3) The standards for handling multiple crimes: Imprisonment with prison labor for 4 to 11 years (=7 years +7 years X1/2 +2 year X1/3): The sentence of this case is to be imposed on Defendant A, C (3 years of imprisonment), Defendant B (2 years of imprisonment), and Defendant D (4 years of imprisonment) after the Defendants closely imported the cryp, a narcotics for which the cryp citizens are determined, and administered the cryp. The total amount of the crypian imported by the Defendants is relatively large, and the total amount of the crypian imported by the Defendants was 802. In light of the fact that the above crypian was sold to the crypians residing in the Republic of Korea to spread illegal narcotics by selling them to the crypians residing in the Republic of Korea, it is inevitable to punish the Defendants on behalf of the above crypian. In particular, in the case of Defendant D, the rest of the Defendants, who were subject to direct delivery of the mail to Defendant A, etc.

However, the Defendants are in opposition to the confession of the instant crime. There is no record of criminal punishment in the Republic of Korea against the Defendants. Around April 30, 2015, 402, the Defendants were imported from around April 30, 2015, and 402 were entirely seized and not distributed in the Republic of Korea. In the case of Defendant B, although Defendant B conspired to commit an import crime, the degree of sharing the commission of the act is relatively minor, and the degree of sharing the commission of the act is not considered to have been led to the sale of the imported field. Defendant A was provided with normal materials on the investigation cooperation by the prosecutor after informing the Defendants of the criminal who committed the instant crime and the person who committed the instant crime. Considering the favorable circumstances in relation to the Defendants, Defendant A and B were to determine a punishment that falls short of the lower limit of the sentencing guidelines.

In addition, in consideration of the various circumstances shown in the trial process of this case, such as the age, character and conduct, environment, circumstances after the crime, etc., the judgment is made as ordered.

Judgment of the presiding judge;

Judges Kang Jin-woo

Judges et al.

1) Although the instant indictment is written as " around April 1, 2014," it appears that it was a clerical error in April 1, 2015."

shall be corrected.

2) Although the instant indictment is written as " around April 30, 2014," it appears that it is a clerical error in the statement of April 30, 2015."

shall be corrected.

3) Although the instant indictment is written as “ around April 1, 2014,” it appears that it was a clerical error in the statement of April 1, 2015.”

shall be corrected.

4) Although the instant indictment is written as " around April 30, 2014," it appears that it is a clerical error in the statement of April 30, 2015."

shall be corrected.

5) 'Important investigative cooperation' which constitutes a mitigation element as a special sentencing factor on the sentencing criteria, ① narcotics offenders applicable to the accused.

1. Crimes or crimes committed by many persons even if they correspond to the same type of crimes or crimes of heavier types.

Type 4 (Decree) such as the volume, frequency, period, etc. of narcotics, etc. in the above phase, which is heavier than the nature of the crime;

Type 4 (for profit-making or habitual offender), such as export, import, manufacture, etc., or type 3 of mass crime;

the case where the defendant A has contributed to the investigation of a drug crime that falls under one or more of the crimes under this paragraph.

For pharmaceutical offenders, Defendant D is able to add criminal charges to them by making it available to the investigation agency for the purchase offender, medication offender, etc.

The Act on the Control of Narcotics, Etc., which has contributed to the investigation, but the above-mentioned crimes were reported as above, shall be deemed to have been imported.

a more severe type of crime than a crime of violation, not a crime of the same type, but a crime of a more minor type.

for profit or for profit, or habitual crimes, or mass crimes. Accordingly, each narcotics imported by Defendant A and D shall be subject to import on the part of the Defendant A and D

It is difficult to see that the important cooperation in investigation is applied as a mitigation factor in the sentencing guidelines with respect to the crime of violation of the Sentencing Act.

[However, the crimes reported by them are crimes of the same type as those of the violation of the Act on the Control of Narcotics, etc. (fence) by medication.

As a crime committed by many people, "important investigation cooperation" should be applied to each of the above crimes as mitigation factors.