(영문) 서울중앙지방법원 2017.9.26. 선고 2017고합505 판결

Even if the Defendant is not a person handling narcotics, he dealt with the following psychotropic drugs-related Megacules (hereinafter referred to as "philophones"):

1. Aiding and abetting the importation of phiphones;

The Defendant, at around January 2016, intended to assist the import of c’s penphones by way of assisting the contact between the drug sellers D(one name E) and C in China, introduced D to C, and informed C and D of their contact numbers.

The Defendant assisted and assisted C to import a total of 601.041g philophones over four occasions as follows:

(a) aiding and abetting importation on February 2016;

On February 2016, the Defendant knew that C intended to import phiphones from D, upon request of C on February 2, 2016, notified D of the G address located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City to the place where the phiphones are to be delivered. D around that time, C concealed approximately 170g phiphones in packaging boxes, sent them as international cargo in China, and C transferred KRW 10 million to the account designated by D, thereby aiding and abetting C’s income of phiphones by allowing approximately 170g of phiphones to arrive at the Incheon National Open Port.

(b) aiding and abetting importation on March 2016;

On March 8, 2016, the Defendant: (a) knew on March 1, 2016, the Defendant: (b) attempted to communicate with C and D on March 8, 2016; (c) promised C to transfer KRW 280,000,000 to the account designated by D, around March 11, 2016; and (d) five million won around March 16, 2016.

1) On March 11, 2016, D: (a) concealed approximately 150 g of Rophonephones in international express shipments, and indicated as H’H’; (b) sent the recipient’s contact address to a Cheongdo International Airport located in the Incheon Jung-gu Incheon Metropolitan City; (c) around that time, the said rophones arrive at the Incheon International Airport located in the Jung-gu Incheon Metropolitan City Port; (d) around March 10, 2016 or March 11, 2016, C assisted the receipt of the said rophones by receiving the said rophones from the said 'I’ in relation to the importation of the rophones; and (e) assisted C’s importation of the rophones by means of communication between D and C.

2) D, by putting approximately 261.041g of phiphones into six vinyls, concealed the addressee into the bottom of 40,000 square meters of vinyls, and read “J”, “K”, and “K”, and the place of receipt as “K”, at around 19:00 on March 17, 2016, transported it to Chinese air (L) at the Cheongdo State of Cheongdo located in the Cheongdong City of China. On March 17, 2016, around 20:20:27, in relation to the receipt of the said phiphones to the supply of the Incheon Jung-gu Incheon Incheon State of Cheongdong-gu, Incheon, Incheon, which assisted and assisted C’s phips revenue by way of assisting D and C to communicate.

On April 2016, the Defendant knew of the fact that C is trying to import phiphones from C, and received approximately 20 g of phiphones from D as international cargo in China from May 2016, the Defendant assisted the importation of C’s phiphones by sending about 20 g of phiphones to a bus terminal with express buses around that time, and allowing C to receive 20 g of phiphones from the above terminal baggage center.

2. Medication of phiphones.

On February 26, 2017, the Defendant drank the steam with N on February 26, 2017, in the residence of the Incheon Jung-gu Mtel Btel No. 204, the Defendant laid the fluoral phone on a hoym, and dyped the steam with N.

Accordingly, the defendant administered philophones once together with N.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Data on the investigation report and the cargo tracking 0 pages B/L attached thereto;

1. Investigative reports and attached Seoul Central District Court Decision 2016Gohap404 Decided decisions;

1. The investigation report and the subscription to, and details of, the inquiry of the subscriber;

1. The part concerning the currency content of A, C, and D attached to the investigation report and attached documents, the currency content of C on March 12, 2016 (SKT) made by C to A on March 12, 2016, and the currency content made by C to the shipbuilding units A and on the name of C (A business vision).

1. Part of the report on the detection of philophones prepared by the customs office on March 18, 2016, P’s account statement, and Q’s account statement required by the investigation report and attached documents;

1. Details of the international telephone call between A and China attached to the investigation report and A;

1. Details of the currency dated February 7, 2016, which is attached to the investigation report and investigation;

1. A written appraisal;

Application of Statutes

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

Articles 58(1)6, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 32(1) of the Criminal Act (the aid and abetting the import of phiphones, 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

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act (as to accessories and offenses of aiding and abetting the Violation of the Act on the Control of Narcotics, Etc. (Psychotropic))

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act, and Article 50 of the same Act, concerning concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, Etc. (compacting and aiding the Import of Handphones) by aiding and abetting the Import of Handphones around March 201

1. Additional collection:

The proviso of Article 67 of the Narcotics Control Act

【Reasons for Calculation of Surcharge】

○ Common Collection Amount: 20,144,973 won (=1 + 2)

(1) The point of aiding and abetting the import of philophones No. 1 in judgment: 10,000,000 won for import.

② As the import amount of 27,80,000 won for philophones under 411.041g in total, the value of 150g remaining 150g, other than 261,041g, seized by an investigation agency, shall be 10,14,973 won (=27,80,000 won ± 150g ± 411,041g, and less than won).

③ Aid and abetting the import of philophones No. 1 of the holding: The import price was not specified in the facts charged with this part of the facts charged, and since the prosecution against C, the principal offender, is not charged, it shall not be collected separately.

○ Single Additional Collection Amount: Paragraph 2 of the Decision 100,000 won: 100,000 won for a single philophone medication among the "Monthly trends of narcotics, etc. in March 2017"

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to twenty-two years and six months;

2. Application of the sentencing criteria;

(a) Crimes of violating the Act on the Control of Narcotics, etc.;

[Determination of Types] 3 (Determination of Types] Medication, Simple Possession, etc.

[Special Sentencings] Reductions: Important investigation cooperation

[Scope of Recommendation] Reduction Area, 6 months to 1 year and 6 months

B. The crime of aiding and abetting the violation of the Act on the Control of Narcotics, etc. is an aiding and abetting offender, so the sentencing criteria shall not apply.

C. Scope of recommendation according to the standards for handling multiple crimes: The lower limit of the sentencing criteria for crimes on which the sentencing criteria have been set for not less than two years and six months, and concurrent crimes between which the sentencing criteria have not been set, shall comply with the lower limit of the sentencing range set in the sentencing criteria for the crimes on which the sentencing guidelines have been set. As such, the lower limit of the punishment under the Act on the Control of Narcotics, Etc. (six months of imprisonment) shall comply with the lower limit of the punishment (two years and six months of imprisonment) but is lower than the lower limit of the punishment under

3. Determination of sentence: Three years of imprisonment; and

【Unfavorable Circumstances】

In the crime related to narcotics, etc., it is not easy to detect the characteristics of the crime, and there is a high risk of recidivism, and there is a high negative impact on society as a whole due to decliation, toxicity, etc. In particular, the importation of phiphones is likely to cause additional crimes. The Defendant introduced D in the sale of narcotics in China, and the Defendant trusted the relationship between the Defendant and D and imported phiphones. However, there is a considerable degree of contribution of the Defendant to the crime of importing phiphones. The amount of phiphones imported from the crime of this case is reasonable, and some phiphones seem to have been distributed in the time. The Defendant purchased phiphones on May 14, 2010, and took account of the fact that phiphones were administered on March 25, 2009, and it is difficult for the Defendant to take into account the circumstances corresponding to his criminal investigation agency to punish him as the same type of crime.

【Free Circumstances】

In the crime of importing philophones, it seems that the defendant was not particularly involved in setting specific transaction conditions, such as the import volume, price, and timing of philophones. Benefits that the defendant acquired through the crime of importing philophones are not significant. Some of imported philophones have not been seized and distributed to the investigation agency. The defendant's social ties relation is also obvious if the defendant's written application submitted to his family, including the defendant's wife.

Considering the above circumstances, the defendant's age, character and conduct, environment, motive, means, and consequence of the crime, circumstances after the crime, and the sentence imposed on the accomplice P who has participated in some of the crimes under Paragraph 1-b of the holding (two years of imprisonment) and all of the sentencing factors indicated in the arguments and records of the case shall be determined as ordered.

Judges

The presiding judge; and

Judges in the order of precedence

Judge Kang Dong-hun

Note tin

1) C was sentenced to the punishment of six years of imprisonment from this court on September 21, 2017 by the act of importing, selling, receiving, or receiving philopon, including the crime of importing philopon No. 1-B (b) in its holding (2017Dahap26, 207, 205, 296 (combined), 636 (Consolidated), 840)), and the crime of importing philop is not included in the crime of Type 1 (a) and (c) as indicated in its holding.

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