2020 Highest 304-1, 2020 Highest 445-1 (combined, Separated) and 2021 Highest 21 (Consolidated)

Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes / Partially Recognized Narcotics

Violation of the Control of the Seas Act (fence), Violation of the Road Traffic Act, and Control of Narcotics, etc.

Violation of law (mariana) and the Act on the Control of Narcotics, Etc. (flavoring)

A

Kim Tae-type (prosecution), Han-Seather, and Qatho (Public trial)

April 23, 2021

A person shall be punished by imprisonment with prison labor for not less than two years and six months, and a person shall be punished by imprisonment with prison labor for not less than five years for a crime of No. 1 and No. 3 as stated.

20 (No. 11), 20 (No. 1), 20 (No. 1), 20 (No. 1), 7, 7, 10, 10, 20, 20, 10, 20, 7, 10, 3,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

24,360,000 won shall be additionally collected from the defendant.

The defendant shall be ordered to pay the amount equivalent to the above additional collection charge.

Punishment of the crime

1. "20 Gohap304";

(a) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (or Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and Violation of the Narcotics Control Act;

The defendant is not a person handling narcotics, but a person handling narcotics, and he is not a person handling narcotics, and is not a person handling narcotics, but a person handling narcotics, MDMA (i.e., EXP, hereinafter referred to as "EXP") and JWH-018, and the similar chain C [one name hub, hereinafter referred to as "HH-MB Pica", hereinafter referred to as "HB(C)].

At around 16:20 on July 2, 2020, the Defendant kept approximately KRW 14.5 million at the market price of 15g 193.15g 193, a total of hubs contained in two bags of G7 coffee boxes and 40g 1,50,000,000,000 won, which were parked in the H apartment I parking lot in G.

As a result, the Defendant possessed X-si and possessed Heb(C) for the purpose of selling and buying.

(b) Violation of the Road Traffic Act;

At around 15:50 on July 1, 2020, the Defendant, without obtaining a driver’s license, driven a MA car at approximately 9.7 km from the H apartment parking lot at G to the L level located in K.

2. "20, 445";

【Criminal Power】

On June 11, 2020, the Defendant was sentenced to a suspended sentence of two years at the Seoul Western District Court on June 6, 202, due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the judgment became final and conclusive on June 19, 2020.

【Criminal Facts】

A defendant and N shall not be a person handling narcotics, nor shall any person import marijuana or psychotropic drugs.

Nevertheless, around December 2018, the Defendant and N, purchased narcotics, such as marijuana and psychotropic drugs, and sold them to the Republic of Korea, and sentenced them to profit therefrom. The Defendant provided funds for the purchase of narcotics and conspired to sell narcotics in the Republic of Korea by contact with the narcotics sales in Vietnam, and N directly depart from Vietnam to sell narcotics, and the Defendant conspired to play a role of selling narcotics in the Republic of Korea after delivery of the narcotics ordered by the Defendant from the sales of narcotics.

(a) Import of narcotics, etc. on January 12, 2019

According to the above public invitation, the Defendant ordered 100 g of hemp (based on the market price of approximately 6-70,000 won per 1g) and 100 g of psychotropic drugs (based on about 3-40,000 won per 1g 'x 'x 'x 'x ')' (based on the market price of one political party 'x 'x ') to sell narcotics in Vietnam using Baggs on January 5, 2019, and the Defendant purchased money from 100,000 won on board at 10,000,000,000 won from 20,000,000 won from 10,0000,000 won from 20,000,000 won from N on January 8, 2019 to 10,000,000 won from 10,000 won from 2,000,000 won.

Accordingly, the Defendant imported marijuana and X-mail, which are narcotics, in collusion with N.

(b) Import of narcotics, etc. on January 28, 2019

According to the above public offering, the Defendant issued an order of 4 million won for a psychotropic drug sales in Vietnam using a telegram as described in paragraph (1) on January 27, 2019 to 'burgs' in the market price of JWH-018 and its similar chain 5F-MDB Pica (C) 40g and 38g at the X-MB Pica. N around January 24, 2019 and depart from Vietnam. The Defendant, as described in paragraph (1) around January 27, 2019, entered into the Republic of Korea with 4 million won from the Rog’s account to the Rog’s purchase of narcotics, etc., and transferred the said money from Vietnam to the Rog’s account, and the Defendant purchased the said money from 200,000,000 won on January 127, 201 to 20, 200, 197.

As a result, the Defendant imported narcotics sob(C) and X-mail in collusion with N.

C. Attempted import of narcotics

Pursuant to the above public offering, the defendant, using a telegram as described in paragraph (a) of February 2019, ordered the above 1,480,000 won to enter and depart from the above 200,000 won in the market price of 80,000,000 won in Vietnam, 300,000 won in the market price of psychotropic drugs, 300,000 won in the X 3750,000,000 won in the market price of 20,000,000 won in the total of 1,048,000,000 won in the market price of 2,000,000 won in the above 16,000,000 won in the above 16,000,000 won in the market price of 2,000,000 won in the above 16,000,000 won in the above 16,000,06.

3. "2021 Gohap21";

Defendant, AC is not a person handling narcotics.

On May 15, 2020, at around 02:00, the Defendant accepted a proposal that “The Defendant will pay KRW 200,000,000,000 to the first transaction cost, and pay KRW 2,400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,000,00,000,00,00,00

AC, around June 30, 2020, entered approximately 193.15 g in the "GT" coffee box 4, and sent them by international mail at a non-explosive site (C) in which approximately 193.15 g in the sum is divided into 20 plastic bags, and around June 30, 2020, the said sub-paragraph (C) arrived at the Incheon National Port located in the Jung-gu Incheon Metropolitan Government.

Accordingly, in collusion with AC, the Defendant imported hub(C) the value of which is not less than five million won.

Summary of Evidence

(Omission)

Application of Statutes

1. Article applicable to criminal facts;

Article 58(1)3, Article 3 subparag. 5, Article 2 subparag. 3 (a) of the Narcotics Control Act [the possession of hub (C), Article 60(1)2, Article 4(1), Article 2 subparag. 3 (b) of the Narcotics Control Act (the possession of an X-gu), Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 58(1)5, Article 3 subparag. 7 of the Narcotics Control Act, Article 30 (1) 6, Article 4(1), Article 2 subparag. 30 (b) of the Act on the Aggravated Punishment, etc. of Narcotics, Article 58(1)1, Article 2 subparag. 30 (b) of the Act on the Aggravated Punishment, etc. of Narcotics, Etc., Article 58(1)3 (a) of the Act on the Aggravated Punishment, etc., Article 30 (1) 30 (a) of the Act on the Aggravated Punishment, etc. Control of Narcotics, Article 58(30 (b) of the Import Act]

1. Commercial competition;

The punishment provided for in Articles 40 and 50 of the Criminal Act for the violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") due to the import of marijuana from January 12, 201, and for the violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as "the Act on the Control of Narcotics, etc.") due to the import of X-gu, and for the violation of the Act on the Control of Narcotics, etc. (a) due to the import of X-gu, and for the violation of the Act on the Control of Narcotics, etc. (fence) due to the import of X-gu, and (b) the punishment for the violation of the Act on the Control of Narcotics, etc. (fence), for the violation of the Act on the Control of Narcotics, etc. (fence) due to the import of marijuana, and for the violation of the Act on the Control of Narcotics, etc. (c) the violation of the Act on the Control of Narcotics, etc. with heavy aim of the importation and sale (C) due to the Act).

1. Selection of punishment;

In regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") and the violation of the Act on the Control of Narcotics, etc. (hereafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes) due to possession of a sale-purpose hub (C), X-Percers and hub (C) import and the attempted import of X-Percers

1. Handling concurrent crimes;

The latter part of Articles 37 and 39(1) of the Criminal Act (the former part of Article 37 and the former part of Article 39(1) of the Criminal Act (the former part of the Act on the Control of Narcotics, Etc. (fence) due to the import of X-gu and X-gu and attempted import of X-gu and the latter part of the same Article)

1. Aggravation for concurrent crimes;

As to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes) (Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 1-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes) due to the possession of a hub for the purpose of sale (C), Article 1-2 of the Act on the Aggravated Punishment, etc. of Narcotics, etc. (Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes) (Article 2 of the Act on the Aggravated Punishment)

1. Discretionary mitigation;

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

1. Confiscation;

Article 67 of the Narcotics Control Act

1. Additional collection:

The proviso to Article 67 of the Narcotics Control Act (the basis for the calculation of a surcharge = 2,4360,00 won = the purchase price of Paragraph 2 of Article 2 of the judgment + the purchase price of Paragraph 2 of Article 2 of the judgment + KRW 4 million + the purchase price of Paragraph 2 of Article 2 of the judgment + KRW 1,0480,000)

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

The Defendant, as described in the facts charged, possesses a hub (C) as indicated in the facts charged, but does not possess a hub (C) for the purpose of selling and buying it.

2. Determination

In full view of the following facts and circumstances revealed by the evidence duly adopted and examined by this court, it is reasonable to deem that the Defendant was aware that the Dob (C) was offered for sale, and thus, the Defendant was possessed for the purpose of sale. The Defendant and the defense counsel’s assertion is not acceptable.

1. The Defendant received a proposal from AC to sell 120,000 won per 1g of this part of the hub (C) and was in custody of the said hub (C) to deliver it to a person designated by AC.

(2) The total quantity of hub (C) held by the accused is 193.15g, and it is difficult to deem that the accused alone has possession for use.

3. The Defendant discovered a small-sized electronic strings, which can measure weight on a vehicle operated by him/her, and a small plastic strings (C) which can subdivide the weight into those of the Defendant, was also discovered.

Reasons for sentencing

1. The scope of punishment by law;

(a) Crimes of subparagraph 2 in its holding: Imprisonment with prison labor for a period of two years to two years for a period of two years;

(b) Crimes falling under subparagraphs 1 and 3 of the judgment: Imprisonment with prison labor for three years and six months to two years;

2. The scope of recommended sentences according to the sentencing guidelines for crimes of subparagraphs 1 and 3 of the holding;

(a) First crime (Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

[Determination of Types] Narcotics Crimes 04. Mass Crimes / [Type 2]

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 5-9 years of imprisonment

(b) Second crime (the crime of violation of the Act on the Control of Narcotics, etc. (psychotropic) due to possession of a hub for the purpose of trade);

[Determination of Types] Narcotics Crimes 04. Mass Crimes / [Type 2]

【Special Convicted Person】

[Recommendation and Scope of Recommendation] Basic Field, 5-8 years of imprisonment

(c) Scope of recommendations according to the standards for handling multiple crimes: Five years to 13 years (the upper limit of crimes 1 + the upper limit of crimes 1/2).

3. Determination of sentence;

The Defendant imported or attempted to import marijuana, psychotropic drugs, Hub(C), X masters, etc., and imported a large volume of hub (C) and possessed them for the purpose of sale. Furthermore, the Defendant was sentenced to a suspended sentence due to a violation of the Act on Special Cases Concerning the Handling of Traffic Accidents, etc., and the Defendant was also driving a vehicle in a state without a license, since it has not been long been sentenced to a suspended sentence due to the Defendant’s violation of the Act on Special Cases Concerning the Handling of Traffic Accidents. Crimes related to narcotics, etc. are not easy to detect due to their characteristics, and there is a high need to eradicate them in that there is a high risk of recidivism, and that there is a high risk of harm affecting the society as a whole due to decryability

Meanwhile, considering the fact that the Defendant appears to recognize and reflect the instant crime, that there was no history of punishment for the past crimes related to narcotics, and that each crime under paragraph (2) of the holding is concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which became final and conclusive, and thus need to consider equity with the case before and after the final and conclusive judgment. In addition, considering that the Defendant committed the instant crime in economic difficulties, and that there is a past situation where he can easily receive and demand narcotics, such as the Defendant, and those without special criminal records, can easily fall into the instant crime without proper occupation and without economic income, and criminal proceeds are not high, heavy punishment imposed on the instant narcotics offender is too harsh. However, in order to reflect the high-priced vehicle in the process of the distribution of narcotics, etc., it cannot be deemed that the Defendant, who lives together with his family members, at least has economic difficulties, and the Defendant cannot be deemed to have more advantage of the distribution of narcotics, etc. in our society.

In addition, all the sentencing factors specified in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered.

Judges Lee Jong-soo

Judge Ansan-si

Judges Park Dong-dae

1) In the case of the crime of Article 2 of the judgment, the sentencing criteria are not applied to the crime of attempted crimes and the crime of ordinary concurrent crimes, and the sentencing criteria do not apply to the latter concurrent crimes of Article 37 of the Criminal Act, and the sentencing criteria do not apply to the latter concurrent crimes of Article 37 of the Criminal Act, and the scope of the sentencing guidelines are not stated separately. The sentencing criteria are not applied to the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to possession of a hub (C) and the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the possession of an X-si, and the sentencing criteria are not set for the crime of violation of the Road Traffic Act (non-license without a license), but the sentencing guidelines