(영문) 서울중앙지방법원 2014.5.1. 선고 2014고합347 판결

The seized list forests (XTREME 3), 2 bottles (No. 4), Gaglish 2 disease (Evidence 4), X-gu 3 disease (Evidence 5), X-gu 3 disease (Evidence 6), Vietnamin Hadro (FIS) 2 disease (Evidence 7), Radrid (THHHHHB HARD), 1 disease (Evidence 9), stalk (Evidence 1 disease (Evidence 10), stalk (No. 10), 1 disease (Evidence 11, 11, 100, 12, 12, 12, 1, 1, 1,000 color lid 1,000 (Evidence 11,000), and 1,000,000,000) shall be confiscated.

Reasons

Criminal facts

Despite the fact that the Defendant is not a person dealing with narcotics, he had the intention to import the interest portion of the nitropy ingredients designated as a temporary narcotics (hereinafter referred to as “ipropy propy”) and sell it to same-sexs.

1. Smuggling imports;

On February 17, 2014, the Defendant connected the D market adjacent coffee in Jongno-gu Seoul Metropolitan Government to the Internet site (E) with smartphones, ordered 170,000 won to the e-mail sales, and paid 340,000 won to the e-mail sales, using the credit card in the name of the Defendant.

As above, the sale of narcotics in the name omitted upon receipt of the Defendant’s order was sent to the Defendant after concealing Egypt 17 soldiers in England in international mail, and around February 27, 2014, at the Defendant’s home located in Nowon-gu in Seoul Special Metropolitan City, the Defendant received international mail sent with a concealed Egypt as above.

Accordingly, the defendant imported a proton, thereby pushingly importing a proton.

2. Possession for the purpose of sale and purchase of partylpropycil;

On February 28, 2014, the Defendant: (a) placed 14 Egylpropy in a household room in front of the exit of GJ No. 9 in Jongno-gu Seoul, Jongno-gu; and (b) kept 3 Egylpropyal disease in the Defendant’s house toilet located in Seoul, Nowon-gu, Seoul.

Accordingly, the defendant had a proton of 17 Egypt for the purpose of selling and buying.

Summary of Evidence

1. Defendant's legal statement;

1. In cases of investigation reports (2014-H-2752 table), response to requests for appraisal, designation and public announcement of temporary narcotics, etc.;

1. Each protocol of seizure and the list of seizure (as of February 28, 2014, March 2, 2014);

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. (the fact that the person holds the purpose of importing and selling nives of nives, the selection of limited term of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. (compacting) due to the import of nitropy, which is heavier than the quality of crime]

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent Consideration for Discretionary Mitigation)

1. Order to attend lectures;

Article 62-2 of the Criminal Act

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control 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 twenty-two years and six months;

2. Application of the sentencing criteria;

(a) The crime of violating the Act on the Control of Narcotics, etc. (flavoring), which is caused by the import of doublepropy;

[Determination of Types] Narcotics Crimes, Export, Import, Manufacture, etc., Narcotics, flavorings, Items (A), (b), etc. (Type 3)

【Special Convicted Person】

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

(b) A crime of violation of the Act on the Control of Narcotics, etc. (flavoring) due to possession for the purpose of selling and selling propycil;

[Determination of Types] Narcotics Crimes, Trading, Mediation, etc., Narcotics, Domination A. (Type 3)

【Special Convicted Person】

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

(c) Imprisonment with prison labor for not less than four years but not more than ten years and six months (in accordance with the standards for handling multiple crimes, adding up 1/2 of the upper limit of the range of punishment for other crimes to the upper limit of the range of punishment for other crimes);

3. Determination of sentence;

Since the crime related to narcotics has a great harm to society, and the defendant has sold the propy of foreign drugs, which is temporary narcotics, in Korea, and imported them for the purpose of earning profits, it is also true that the defendant needs to be punished.

However, considering the fact that the defendant is a primary offender who has no criminal record of any criminal punishment including the same crime, all of the crimes of this case recognized and reflects his mistake in depth, the fact that the part of the protruding pen imported by the defendant is designated as temporary narcotics and has not been seized and used or distributed in the investigation agency, and that it is hard to block such crimes in the future, etc., the circumstances favorable to the defendant should be considered, and all sentencing factors in the trial process of this case, including the defendant's age, occupation, family relation, health status, living environment, and motive and circumstance leading to the crime, etc., the lower limit of the recommended punishment according to the sentencing guidelines shall be set as the disposition.