2016Gohap1349 Violation of the Act on the Control of Narcotics, etc. (franking)

A

He/she shall hold a prosecution (prosecution) and Kim Jong-sung (Trial)

Attorney B (Korean National Assembly)

February 3, 2017

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

Seized articles 1 through 17, 25, 28 through 30 shall be confiscated, and 591,000 won shall be additionally collected.

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

Criminal facts

The defendant is not a person handling narcotics.

1. The defendant is not aware of his name in China (hereinafter referred to as "one-personC") and the Internet social relationship.

Through D, a network service provider D(hereinafter referred to as D), he/she is willing to receive psychotropic drugs from China when he/she delivers psychotropic drugs in the Republic of Korea (hereinafter referred to as 'one-person clickphone', hereinafter referred to as 'philphone').

Accordingly, around November 5, 2016, the Defendant received approximately 16.41g of a philophone, which was delivered in China, by a person whose name is unknown, while hiding in the spacker in the Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant imported philophones in collusion with a person who could not know his name.

2. On November 9, 2016, the Defendant: (a) sent contact at the hotel hotel of “H” in Gwanak-gu in Seoul Special Metropolitan City, to the above D; and (b) sent one disposable injection device containing approximately 0.03g of philopon to the I, without compensation, one disposable injection device containing approximately 0.06g of philopon.

Accordingly, the defendant accepted philophones.

3. On December 9, 2016, the Defendant, around 17:00, stored approximately 14.44g of philophones imported, such as one’s own household plan, in nine vinyls, on the south-gu Incheon Metropolitan City J-dong B-dong rooftop.

Accordingly, the defendant possessed a philophone.

4. The Defendant injected approximately 0.02 g of philophones with water at the date, time, place, and in the same manner as indicated in the list of crimes as indicated below from that time until December 8, 2016.

A person shall be appointed.

A person shall be appointed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Investigation report (in addition to the result of I detailed experiments on the base of the suspect), investigation report (a specific warning time and time of carrying-in of the cellphone), investigation report (in response to the results of close examinations on the base of the suspect), investigation report (in relation to the appraisal of narcotics, etc., No. 1-17 and No. 28-29, etc.);

1. Records of seizure (Evidence 1 - No. 25), records of seizure (Evidence 28, No. 29), records of seizure (Evidence 30) and each list of seizure;

1. Requests for appraisal;

1. Determination as to the assertion of the defendant and his/her defense counsel regarding the seizure site and the photograph of the seized articles, the photograph of the seizure site and the photograph of the seized articles

1. Summary of the assertion

In relation to Paragraph 1, the Defendant was unaware of whether C sent a written phone in China, and asked where C after receiving a written phone, and notified C of the sending of a written phone in China. Therefore, the Defendant did not have any intention to import a written phone.

2. Determination

According to the evidence duly adopted and examined by this court, at the police and the prosecutor's office, the defendant called "K used the cell phone," and from the user of "C" in D installed in that cell phone, there has been contact to find K from the user of "C". Therefore, the defendant offered that C was detained by him/her, and C was offered that he/she would receive the goods if he/she sent the penphone to his/her designated place by international mail in China, and that he/she would take part of the penphone at the cost of delivery. The latter was called "F". The defendant sent a photo to the designated place with the penphone from the other party in China, the role was last. The defendant stated that 153 to 15, 191-194, 196, 276) and 20 times as stated in the judgment of the court below, 160 times of receipt of the cellphone from "20 to 46 times of receipt of the cellphone," as stated in C. 1 to 2666 times of the international document.

Application of Statutes

1. Article applicable to criminal facts;

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act, Article 30 of the Criminal Act (the occupation of the importation of a phiphone, the choice of a limited imprisonment), Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) (the occupation of the receipt, possession, and administration of a phiphone, and the choice of imprisonment) of the Narcotics Control Act

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes in Punishment of Narcotics, etc. (Aggravation of Concurrent Crimes) prescribed in the Act on the Control of Narcotics, etc. due to the Import of Handphones with the largest penalty provided for in the former part of Article 37, Article 38 (1) 2

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

The main sentence of Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

[Attachment Charge of KRW 591,00 = Value per 1g of phiphones 300,000 x (Amounted import Handphones 16.41g - Total 14,44g 1)]

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from June to June 22;

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

(a) Basic crime: Violation of the Act on the Control of Narcotics, etc. (flaging) due to the importation of phiphones;

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

[Special Sentencing] Important Cooperation(Discretionary) for Investigation

[Recommendation and Scope of Recommendations] Reduction Area, 2 years to 6 years

(b) 1 and 2 concurrent crimes: Type 3 (b) of the Act on the Control of Narcotics, Etc. (i.e., the determination of types), such as the receipt of phiphones, and the violation of the provisions of the Act on the Control of Narcotics, Etc. (i.e., the determination of types), due to the administration of phiphones on December 8, 2016;

[Special Sentencing] Important Cooperation(Discretionary) for Investigation

1) Since the receipt, possession, and medication of philophones as indicated in the holding Nos. 2, 3, and 4 were administered with a smuggling imported as indicated in Paragraph 1, it is not presumed separately.

[Recommendation and Scope of Recommendations] Reduction Area, six months to one year and six months;

(c) Results according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of two years to six years from June to March;

3. Determination of sentence: Each of the crimes of this case committed in 2 years and six months in imprisonment with prison labor means that the defendant imports approximately 16.41g of philopon on one occasion, receives about 0.03g of philopon on one occasion, holds about 14.4g of philopon, and administers about 0.32g of philopon on one hand over one occasion. Not only causes severe physical and mental dependence due to its nature, but also causes interference with other crimes in the process of manufacture, distribution, and use, thereby impairing the health of the people and disturbs social order. Considering that the defendant's act of importing philopon on one hand of 16.41g of philopon on one occasion is very heavy.

However, the fact that the defendant has no criminal punishment for the same kind of crime, and that the defendant has cooperated in the investigation while reflecting his depth is favorable to the defendant.In addition, the punishment shall be determined as ordered in consideration of various sentencing factors, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc.

The presiding judge shall be changed.

Judges Kim Gin-han

Judges Park Jong-ok