2017Gohap179 Violation of the Act on the Control of Narcotics, etc. (franking)

A

Kim Jong-sung (prosecution) and Kim Jae-heat (Trial)

Attorney B (Korean National Assembly)

April 28, 2017

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

To order the accused to take probation, social service for 160 hours, and pharmacologic treatment for 40 hours.

Seized evidence No. 1 shall be confiscated.

4,150,000 won shall be collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

Criminal History Office

Despite the fact that the Defendant was not a person handling narcotics, on March 2015, the Defendant intended to purchase approximately 15g of psychotropic drugs JWH-018 and synthetic marijuana equivalent thereto through a website operated by a seller of narcotics, etc. in the name of the Defendant, which is an overseas website, and ordered approximately 15g of psychotropic drugs from abroad by settling 7,50,000 won via a credit card (credit card number: D) in the name of the Defendant.

Accordingly, in April 5, 2015, the seller of narcotics, etc. under his name entered and sealed approximately 15g of synthetic marijuana, which falls under JWH-018 and its similar body, in the French territory below the United States, and entered them in the name of "A", and the address to which he receives, and then sent the said postal item in the Korean AirF in disguised manner after disguised use of international cargo, and thereafter the said letter arrives at the Incheon International Port of Supply in the Jung-gu Incheon Metropolitan City, Jung-gu, Seoul.

As a result, the Defendant imported approximately 15g of synthetic marijuana into the Republic of Korea in the United States, and imported approximately 112.74g of synthetic marijuana, which corresponds to the JWH-018 and its similar body, five times in total, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure (No. 13 No. 13, hereinafter referred to as the “Evidence List”);

1. Investigation report (Attachment of Search Data for Flight) (No. 6), investigation report (No. 7), investigation report (No. 8), investigation report (No. 8 in order), investigation report (Attachment of N.V. Mediet Data), investigation report (No. 15 in order) (Attachment of Symma Internet website and Samsung Card Settlement Data) (No. 15 in order);

1. Customs launch report, written request for analysis of ingredients and written response to appraisal, reply on whether it constitutes narcotics, etc., and past receipt details (No. 23 No. 1);

Application of Statutes

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

Articles 58(1)3, 3 subparag. 5, and 2 subparag. 3 (a) of the Act on the Control of Narcotics, Etc.

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) 5 of the Act on the Control of Narcotics, Etc., / [Concurrent Crimes No. 5]

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 (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation, community service, and orders to take lectures;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the ground for calculating additional collection: Aggregate purchase price No. 1 through 4 in annexed crime sight table)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. The scope of punishment by law;

Imprisonment with prison labor for not less than two years and six months but not more than 22 years and six months;

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

[Determination of Type] Manufacturing, etc. of Import and Export of Narcotics (Narcotic drugs, perfumea (b), etc.)

【Special Convicted Person】

[Scope of Recommendation] The basic area between four and seven years of imprisonment

[The standard for handling multiple crimes] From four years to ten years of imprisonment [the standard for handling multiple crimes] 4 years of 12 years of 12 years and 10 months [the imprisonment of 1/2 of the upper limit of the sentence scope of crimes of violation of the Act on the Control of Narcotics, etc. (fence) No. 4 No. 5 of the Act on the Control of Narcotics, etc. (fence No. 5 of the Act on the Control of Narcotics, etc.)] 1/2 of the attached list No. 4 of the crime of violation of the Act on the Control of Narcotics, etc. and 3 of the attached list No. 3

3. Determination of sentence of imprisonment (two years and six months of imprisonment, three years of suspended execution, probation, community service, 160 hours, and 40 hours of an order to attend a course);

The following circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and all sentencing factors expressed in the trial process of this case, including the circumstances after the crime, shall be determined lower than the lower limit of the sentencing criteria as ordered.

○ Unfavorable Circumstances: Narcotics crimes are crimes that threaten the health and domestic health order of the general public. In particular, narcotics import is highly likely to substantially spread because of the introduction of narcotics into the Republic of Korea into the Republic of Korea as a new supplier or the provision of an existing domestic sales organization, and thus, the risk and possibility of criticism are very high. Nevertheless, the Defendant imports a large number of synthetic marijuana over several occasions, and the responsibility for such crimes is not weak.

○ favorable circumstances: The Defendant does not seem to have imported synthetic marijuana in a systematic or professional manner, and there is no evidence to find that the Defendant imported from Korea has distributed synthetic marijuana in the market. The Defendant both recognized the instant crime from the investigative agency to the court, and divided his mistake. The Defendant has no record of having been punished for the same criminal offense.

The presiding judge, judge and presiding judge;

Judges Man-ho

Judges Han Han-chul

A person shall be appointed.