2017Gohap300 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Kim Chang-seop (Lawsuit) and Kim Jong-m (Trial)

Attorney B (Korean National Assembly)

June 9, 2017

A defendant shall be punished by imprisonment for four years.

36.73g (Evidence No. 1) and one vinyl (Evidence No. 2) from the defendant shall be confiscated.

Criminal facts

On March 15, 2017, the Defendant packaged approximately 36.73 g of psychotropic drugs purchased from a person who is unable to know his/her name at the Defendant’s residence in the Cheongdong-gu, Incheon Metropolitan City, Cheongdong-dong, and concealed them into the Defendant’s port of port at Cheongdong-dong (D) around 10:50 on the same day, and entered Korea through the Incheon International Airport located in Jung-gu, Incheon Metropolitan City, Jung-gu, Incheon, on the same day.

Accordingly, the defendant imported philophones even though he is not a narcotics handler.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the arrest report of a suspect, details of seizure and accompanying pictures of seized articles);

1. A medical certificate, a X-RAY photograph, a copy of a photograph of seized articles, a report on seizure, and an appraisal report;

Application of Statutes

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

Article 58(1)6, Article 4(1)1, and Article 2 Subparag. 3(b) of the Narcotics Control Act (Selection of Imprisonment with prison labor)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than two years and not less than six months;

2. Application of the sentencing criteria;

[Determination of Types 3] Manufacturing, etc. of Import and Export of Narcotics (Narcotic drugs, perfumesa, items (a), (b), etc.)

【Special Convicted Person】

[Scope of Recommendation] Four to Seven years of imprisonment (Basic Area)

3. Determination of sentence: A 4-year crime involving narcotics is a serious crime that adversely affects society throughout the society, such as impairing the national health or inducing another crime. In particular, the import of phiphones by the Defendant is highly likely to be subject to criticism during the crime of narcotics, and is not a part of transfer of phiphones imported by the Defendant. Nevertheless, the Defendant did not disclose the developments, motive, etc. of importing phiphones properly.

However, the circumstances in which the whole philophones imported by the defendant are seized and not distributed in Korea are favorable to the defendant.

In addition, the punishment shall be determined as ordered in consideration of all the factors of sentencing, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime.

The presiding judge, the highest judge;

Judges of the High Instance

Judges Kim Dong-dong