2014Gohap303, 318(combined) Act on the Control of Narcotics, etc. (Psychotropic)

A

Original text (prosecution), leffalon, and lectures (public trial)

Attorney B

May 14, 2015

A defendant shall be punished by imprisonment for four years.

A seized electric storage unit or a cell phone (C) shall be confiscated.

2,860,800 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Punishment of the crime

"2014 Gohap303"

1. Import of philophones;

(a) importation of philophones on October 4, 2014;

At the end of September, 2014, the Defendant: (a) imported Megatopists (hereinafter referred to as “diphones”) who sell narcotic drugs from Cambodia and Kakakao Stockholm dialogues and International Telephones (hereinafter referred to as “Accessphones”); and (b) conspired to sell them to domestic buyers, by means of international specialty transmission, on which the name of the Defendant was known through reporting on the sales of narcotic drugs posted on the Internet website is unknown; and (c) imported Megatopists (hereinafter referred to as “diphones”).

On October 3, 2014, the above Cambodia: (a) concealed approximately 0.5 g of opononononon from Cambodian Franch, and then sent the sender’s address as “E”; (b) PNH CABDA; (c) the sender’s address as “F; (d) the addressee’s address as “INCHEN NAN NGG GU, 423HO”; and (c) sent two Liber special cargo (deficon number: H).

On October 4, 2014, the Defendant received approximately 0.5 g of the penphone, which was concealed in the above express shipment through an office-based engineer at the front of an officetel, and imported a penphone in collusion with the above Cambodia narcotics seller.

(b) importation of philophones around October 7, 2014;

On October 2014, the Defendant transferred KRW 300,000 from the point of a national bank located in Incheon, to a deposit account in which the account number known by the above Cambodia's narcotics seller is unknown.

On October 6, 2014, the above Cambodia seller concealed approximately 5 g of oponphones in a bank and inner clothes from Cambodia Franch, and then sent the sender, 'E', 'PNH CAMDIA', 'PNH CAMDIA', 'J', 'J', 'PNH CAMIA', 'E', 'the address of the sender' (in the indictment, 'F' is clearly stated, but it is correct in accordance with the evidence record 64 pages, because the addressee's address is clearly written in error), 'INCHEN SOO 2OPYG G GUK, 101 HO', and 'C', 'F', 'F', 'F', and 'F', 'F', 'F', 'F', and 'F', 'F', and 'C'.

On October 7, 2014, the Defendant received approximately 5 g of a penphone, which was concealed in the above express shipment through a door-to-door engineer on the front of the above Itel, and imported a penphone in collusion with the above Cambodia narcotics seller.

(c) importation of philophones on November 1, 2014;

around October 2014, at a national bank located in Yeonsu-gu Incheon Metropolitan City, the Defendant wired KRW 2 million in total to a bank account in which the account number known by the seller of Cambodia drugs cannot be known, and around October 30, 2014, the Defendant wired KRW 1 million in total to a national bank account in the name of M, which is known by the seller of Cambodia drugs.

The seller of Cambodia brought about approximately 53.16.g of philophones into the Republic of Korea in a manner that does not know at the end of October 2014 and delivered them to the storage box of goods No. 5 of the Cheongdamdong, Gangnam-gu, Seoul, via women who could not know their names.

At around 11:51 on November 1, 2014, the Defendant received approximately 53.16 g of philophones, and imported philophones in collusion with the above Cambodia narcotics sellers.

2. Receipt of Handphones;

(a) acceptance of Handphones on October 4, 2014;

On October 4, 2014, the Defendant received approximately 0.2 g of philopon from Kwikset service article through Kwikset service article at the front of Guro-gu Seoul, Guro-gu, Seoul.

(b) acceptance of Handphones around October 7, 2014;

On October 7, 2014, the Defendant received approximately 1 g of philophone from a person who was unable to know his name through Kwikset service articles around Seoul Swikset, without compensation, from a person who was unable to know his name.

(c) acceptance of Handphones around October 18, 2014;

On October 18, 2014, the Defendant, who was stopped in front of the above Itel, received approximately 0.13 g of the Defendant’s P body-based phone from Q in Q Q’s P body-based car free of charge.

(d) acceptance of Handphones on October 27, 2014;

On October 27, 2014, the Defendant received approximately 0.82 g of oponon from Q in the front body of the Defendant, who was stopped in the vicinity of the training zone in Yeonsu-gu Incheon Metropolitan City, and received approximately 0.82g of opononon from Q in Q.

3. Sale and purchase of phiphones.

On October 7, 2014, the Defendant: (a) parked in Q in the front line of the Defendant’s above Czeman’s car located in the Nam-gu Incheon Metropolitan City R; (b) opened approximately KRW 2.87g of philopon from Q in the front line of the said Itel; and (c) purchased and sold philopon from Q to Q in the front line of the said Itel at KRW 23:00 on the same day.

4. Possession of philophones.

On November 1, 2014, at around 13:50, the Defendant kept the front seat of the Defendant’s 'U's 'U' in Nam-gu Incheon Metropolitan City T, which was parked in the front of the coffee shop, with the custody of the front seat of the above 'U's 'Woo-on's 53.16g, such as the above 1-C, and carried a phiphone.

"2014 Gohap318"

Defendant is not a narcotics handler.

On October 7, 2014, the Defendant stopped on the front side of the Incheon Southern-gu R, Incheon Metropolitan City R, and administered the psychotropic drug, which is the psychotropic drug imported by Cambodia on the same day, by affixing the 5g knife by hand, among the psychotropic drugs imported by Cambodia on the same day.

Summary of Evidence

1. The defendant's legal statement (which is made on the fifth trial date, on the fourth trial date, on the fourth trial date, on the fourth part);

1. Statement of the accused in the second protocol of trial (part 2014 high-conforming318);

1. Each legal statement of witness V and Q;

1. A copy of an interrogation protocol of the police officer;

1. Each protocol of seizure;

1. Each request for appraisal;

1. Each invoice data, a copy of the statement of particulars, text delivery receipt or facsimile, telephone details, details of telephone calls, and prices of cancer transactions for narcotics;

1. One copy of the photograph prescribed in subparagraph 1 of this Article, the photograph prescribed in subparagraph 2 of this Article, the photograph prescribed in subparagraph 3 of this Article, the photograph of seized articles, the on-site photograph, the suspect's mobile phone call photograph, and CCTV data;

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 Narcotics Control Act, Article 30 of the Criminal Act, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 60(1)2, Article 4(1)1, Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 60(1)2, Article 60(1)2, and Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 60(1)2, Article 4(1)2, Article 4(1)2, and Article 4(1)4(1)1, and Article 3(b) of the Act on the Control of Narcotics Drugs.

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Concurrent Crimes Concerning the Violation of the Act on the Control of Narcotics, etc. (Psychotropic Crimes) due to the Import of Handphones around November 1, 2014, with the largest punishment and criminal administration]

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:

56.98g (=. 0.13g + 2.82g + 53.16g + 53.16g) of the Narcotics Control Act, except for the remaining 1,68g value of 1,68g (i.e., 1,360,80g + 53.16g + 53.16g) of import philopon 58.6g (i.e., 0., 5g + 0.5g + 0.13g + 2.87g + 53.16g) of the Act on the Control of Narcotics, Etc. (i.e., the average nationwide retail price of 1.68gxx 2014) as of September 2014) plus 1,500,000 won due to the purchase and sale of philop 303g + 53.16g). Thus, the remainder of the criminal facts are not additionally collected.

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

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

(a) Basic crime: Crimes of violating the Act on the Control of Narcotics, etc. (flavoring) due to the importation of phiphones on November 1, 2014;

[Determination of Types 3] Import, Export, Manufacture, etc. of Narcotics

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(b) Concurrent Crimes 1: Crimes of violation of the Act on the Control of Narcotics, etc. ( natives) due to the importation of phiphones on or around October 7, 2014;

[Determination of Types 3] Import, Export, Manufacture, etc. of Narcotics

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(c) Concurrent Crimes 2: Crimes of violation of the Act on the Control of Narcotics, etc. ( natives) due to the importation of phiphones on or around October 4, 2014;

[Determination of Type] Export, Import, Manufacture, etc. of Narcotics Type Three (National Assembly Members b.)

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 4 years to 7 years of imprisonment

(d) The scope of final sentence due to the aggravation of multiple crimes: Imprisonment of not less than 4 years to 12 years (7 years of imprisonment with prison labor below the scope of basic crimes + imprisonment with prison labor of not less than 1/2 of the maximum scope of sentence 1 + imprisonment with prison labor of not less than 3 years and 1/3 of six months + imprisonment with prison labor of not less than 1/3 of the maximum limit of sentence 2 concurrent crimes);

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

It is advantageous to the fact that the defendant recognizes all crimes and seriously reflects the defendant, that the defendant has no record of being punished for the same kind of crime, and that the actual profit acquired by the crime of this case seems to be almost little.

However, the fact that the crime of narcotics has a great harm to the health and social safety of the people, the defendant imported a considerable amount of phiphones over several times, and sold, received, possessed, and administered imported phiphones, and the nature and the circumstances of the crime are very heavy.

In full view of the above conditions of sentencing, such as character, conduct and environment of the defendant, etc., the punishment as ordered shall be determined.

The presiding judge, senior judge and senior judge;

Judges Senior Presiding Judge

Judges Yoon Young-young