2012 Highly 945 Violation of the Act on the Control of Narcotics, etc. ( natives)

2013 Highly 98 (Joint) Promises

A person shall be appointed.

Free Kim Jong-soo, Kim Byung-hee (Public Prosecution) and Heafu (Public Trial)

Law Firm A

April 12, 2013

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

3,000,000 won shall be additionally collected from the defendant.

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

Criminal history room (criminal history)

On December 18, 2008, the Defendant was sentenced to three years of imprisonment with prison labor at the Busan District Court for fraud, etc. and was sentenced to 2011.

9.1. The execution of the sentence was completed.

[Criminal facts] (Criminal facts)

The defendant is not a person handling narcotics.

1. Intermediation of trade of phiphones;

On July 5, 2012, the defendant requested that he dispose of 2 kilograms of philophones from B, and asked that he dispose of 2 kilograms of philophones to C, which was known to the general public, and that C would purchase 2 kilograms of philophones by requesting the purchase of philophones to D, which is a part of the same so-called so-called so-called so-called so-called so-called so-called “C.”

After that, around July 6, 2012, the Defendant received 100 million won from B and E to D, and transferred 100 million won from C to B and E, from the road entrance side of Busan Customs Office, located in the central 4-dong, Jung-gu, Busan, Busan.

In addition, on July 11, 2012, the Defendant, along with C, received from B and E one kilogramopon from the UN Cemetery near the UN Cemetery located in the Southern-dong of Busan, Busan, and transferred C to D. Upon receiving KRW 100 million from D, C transferred to B and E, and the Defendant received KRW 3 million from B under the pretext of flooding expenses.

Accordingly, the Defendant arranged the trade of 2 kilograms of philophones between B, E, D, and C on two occasions as above.

2. Import of philophones.

Upon the request of D and C to purchase a large volume of phiphones through E, on July 2012, the Defendant agreed that D and C purchase 115,00,000 won per 1 gramphones per 1 gram 15,00,000,000 won per 1 gramphones per 1 gramphones if they were sealed into the Republic of Korea through the transport of gramphones, upon request of F, which was requested by E and B, who had consented to the above proposal by requesting the above proposal to F, which is the sales book of the organization where they reside in the large scale.

After all, on August 3, 2012, F entered the Republic of Korea through the Kimpo Airport, and went to Seoul by moving to the TX, which goes through the tX, from the Changwon Station on August 6, 2012, while staying in the Manaelel where it is impossible to know the trade name in the Changwon-si, Changwon-si, who is in the Changwon-si, with E.

On the other hand, on August 6, 2012, by using CX420 aircraft departing from Vietnam around August 6, 2012, H, which is a philophone transport book at the request of G, Chinese, with approximately 1,976 gramphonephones, entered the Incheon International Airport located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, with around 40, 305 dong, and F was accommodated in the 305 dong hotel in Seopo-dong, Dongdaemun-gu, Seoul, and F was 2012.

8. 7. 23: At around 00 : Around 00, approximately 1,976 glophonephones contained in the 305 "I hotel" divided from H into two certified plastic plastic paper.

Accordingly, the Defendant, in collusion with E, F, and Chinese G, brought about approximately 1,976 galphones into the Republic of Korea on August 6, 2012. (2013 Gohap98)

3. Magion;

On October 2011, the Defendant was delegated by the JJJ’s business owner to collect approximately KRW 14 million for active fish that the Victim K ( South, 49 years old) bears to J.

피고인은 2011. 10. 12. 경 피해자에게 휴대전화로 " 당신 L이를 통하여 M 형님 고기 실어갔잖아 니 오리발 비슷하네 나중 감당 못한다 후회할 일 만들지 말고 전화해라 통영 누구에게도 물어바라 나 A이다 다음에 마주치면 돈으로 해결 안된다 " 는 내용의 문자메시지를 보낸 것을 비롯하여 수회에 걸쳐 같은 취지의 위협성 문자메시지를 보내 피해자에게 겁을 주면서 채무를 변제할 것을 요구하였다 .

피고인은 위와 같은 위협에도 피해자가 연락하지 않자, 2011. 11. 10. 15 : 30경 통영시 산양읍에 있는 달아 선착장에서 피해자에게 ' 보도기자 ' 푯말을 보여주면서 " 내가 A이다, 너는 부산 검찰에 끌고 가야겠다 " 고 겁을 준 뒤, 같은 날 16 : 00경 통영시 무전동에 있는 N 레스토랑으로 자리를 옮겨 그곳에서 피해자에게 " 돈을 빨리 주라, 사람 새끼도 아니네, 부산 영락공원 살인사건을 동생들이 다했고, 통영 깡패두목을 불러도 눈하나 깜짝하지 않는다, 죽어 볼래 " 라고 겁을 주었다 .

As above, the Defendant was delivered to the victim with a 00 s.00 p.m. at the market price of the victim's spouse at the 0th s.m. in the same place.

Summary of Evidence

[Criminal facts] (Criminal facts)

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Statements made by witnesses E in the fourth trial records;

1. Each suspect interrogation protocol of F, E, or B prepared by the prosecution (2013 high-ranking98);

1. Statement by the defendant in court;

1. Statement in K in the interrogation protocol of the accused by the prosecution (the second, the second, and the replacement);

1. K (First Instance) and each prosecutor's office's statement concerning P;

【Prior Records of Judgment】

1. Inquiry into residents and inquiry into criminal records;

1. Investigation report by the prosecution (verification of the fact of release from A and attachment of judgment);

Application of Statutes

1. Article applicable to criminal facts;

Articles 60(1)2, 4(1), and 2 subparag. 3(b) (a) of the Narcotics Control Act, Article 60(1)2, Article 4(1)6, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Article 58(1)6, Article 4(1), and Article 2 subparag. 3(b), Article 30 of the Criminal Act, Article 350(1) of the Criminal Act (a) of the Act on the Control of Narcotics, Etc., (a)

1. Aggravation for repeated crimes;

Article 35 (Scope of Restrictions under the proviso of Article 42 of the Criminal Act on the Crimes of Violation of the Act on the Control of Narcotics, etc. (Overtaking) due to Handphone Import)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act / [the punishment shall be aggravated by concurrent crimes with punishment prescribed for the violation of the Act on the Control of Narcotics, etc. (the punishment shall be aggravated due to the import of the largest phiphones) and within the scope of the proviso of Article 4

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (General Considerations Considered in the following circumstances)

1. Collection;

The proviso of Article 67 of the Narcotics Control Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

As to the crime No. 2 in the holding, the Defendant did not intend to commit the crime of importing philophones, since the Defendant was unaware of the fact that philophones are being imported in large areas.

2. Determination

A. The so-called joint principal offender under Article 30 of the Criminal Act refers to a case where all accomplices are not necessarily required to participate in the commission of a crime, and at least there is an intention to jointly process a crime among all the co-offenders, i.e., a case where there is a communication among all the co-offenders, and some of them are committed as a joint principal offender, and a person who does not directly participate in the commission of a crime is not liable as a joint principal offender (see, e.g., Supreme Court Decision 83Do1942, Oct. 11, 1983).

B. According to the following facts and circumstances, the defendant can be found to have sufficiently recognized that the philophone provided by E was brought into Korea from a foreign country, based on the comprehensive examination of the above evidence. Thus, the defendant is deemed to have committed a crime with respect to the importation of philophones. Thus, the above assertion is without merit.

1) The circumstances before the first offense in the judgment

1. B B B B B B B B B prior to the Defendant’s sales of philophones, the Defendant “Is birth from large thousands to 90,000 US dollars per kilogram.”

The defendant made a statement (B) the second protocol of interrogation of the prosecution, No. 549 of the evidence record, ② the defendant made a statement to the defendant at first time that "B made the statement to the defendant "(the second protocol of interrogation of the prosecutor's office, No. 526 of the evidence record)", ③ the defendant made a statement to the defendant that "the defendant was sold in 20 k,000 in Japan, not the ones to be put into Korea," and "the defendant made a statement to the defendant that "the first protocol of interrogation of the prosecutor's office against the defendant, No. 619 of the evidence record)", and the defendant was imported in a foreign country because the phone dealt with by E, etc. before the first crime was committed.

2) Circumstances between the first and second crimes in the holding

① B은 " ( 2012. ) 7. 6. 경 피고인에게 필로폰을 팔고 난 뒤에 피고인이 저에게 몇 번 전화가 와서는 ~ 저보고 F에게 부탁해서 중국에서 롤렉스 시계를 하나 사오라고 해서 " 라고 진술하였고 ( B에 대한 검찰 제2회 피의자신문조서, 증거기록 제554쪽 ), ② E는 " 앞전에 A과 두 번이나 거래를 했었기 때문에 A도 이미 알고 있었고 그 후에 B을 통하지 않고 자기하고 직접 거래를 하자면서 필로폰 10킬로그램을 F에게 구해달라고 부탁을 하라고 했으니 당연히 F가 대만에서 필로폰을 가지고 온다는 것은 알고 있습니다 " 라고 진술하였으며 ( E에 대한 검찰 제3회 피의자신문조서, 증거기록 제698쪽 ), 이 법정에서도 피고인으로부터 필로폰을 구해달라는 부탁을 받고 필로폰을 구해주는 사람이 ' 대만사람 ' 이라고 이야기하였던 것으로 기억한다고 진술하였고 ( 증인신문조서 제10쪽 ) , ③ 피고인 또한 " E는 F를 30년간 알고 지내는 친한 동생이라고 하면서 F가 부탁을 하여 F 일을 도와주는 것이지, 돈 한푼 받는 것도 없다고 하면서 자신은 권한이 없고, F가 시키는대로 할 뿐이다고 얘기하면서 " 라고 진술하였는바 ( 피고인에 대한 검찰 제2회 피의자신문조서, 증거기록 제659쪽 ), 피고인은 늦어도 판시 제1범행 이후에는 F의 존재와 F가 대만에 거주하는 대만국적의 사람이라는 점을 잘 알고 있었다 할 것이다 . 3 ) 판시 제2범행 이후의 정황

① After having failed in a philophone transaction, E stated that “F made a statement to the Defendant that he had a philophone 1 kilogram which he had in the same manner that he had in the Republic of Korea,” the Defendant had "(the third protocol of interrogation of the prosecution against E, the third protocol of interrogation of the suspect, the evidence No. 698 pages), and ② the Defendant, at that time, stated that “I will come to the Republic of Korea, and I would like to find it, and that I would like to have “I would like to come to the people, and I would like to find it, I would like to say that I would like to talk.” (the second protocol of interrogation of the prosecution against the Defendant, the evidence No. 662 pages of the evidence record No. 62 of the prosecution against the Defendant), and the Defendant had been aware that E already handled before committing the crime, and that I would have been imported from Taiwan.

The reason for sentencing [the scope of sentencing] 2 years and 6 months to 25 years

[Scope of Recommendation Form]

○ Basic Crimes: Violation of the Act on the Control of Narcotics, etc. (flag) by phiphones import.

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

【Special Convicted Persons】

- Mitigation elements: Where there is a reason to take special account of commission of crime or motive of crime;

【General Adopteds】

- Aggravations: Cumulative Offense

[Scope of Recommendation] Imprisonment of two years and six months to five years (the area of mitigation)

○ Concurrent Crimes: Violation of the Act on the Control of Narcotics, etc. (fence) by arranging the sale of phiphones

[Determination of Type] Narcotics Crimes, Trade Mediation, etc., marijuana, flag (b) and item (c) of this item, etc.

【Special Convicted Persons】

- Mitigation elements: Where there is a reason to take special account of commission of crime or motive of crime;

【General Adopteds】

- Aggravations: Cumulative Offense

[Scope of Recommendation] Imprisonment of 8 months to 1 year and 6 months (the area of mitigation)

○ Scope of recommending punishment revised according to the guidelines for handling multiple crimes: The scope of recommending punishment revised according to the guidelines for handling multiple crimes to which the guidelines for sentencing are applied for not less than two years and six months: Imprisonment with prison labor; two years and six months (minimum limit of basic crimes); five years and nine months [the maximum five years of basic crimes + eight years + the maximum limit of the concurrent crimes (x1/2 of June 1 and June 2 of the maximum limit of the concurrent crimes)]; or on the grounds that the concurrent crimes to which the guidelines for sentencing and the above crimes are not applicable are concurrent crimes under the former part of Article 37 of the Criminal Act, the scope of sentence recommended by the sentencing guidelines and the minimum limit of the applicable sentences under the law.

[Determination of Sentence] 2 years and six months of imprisonment with prison labor is highly harmful to the society, and in particular, the import of a psychotropic medicine is highly likely to cause harm to the society because it is administered and traded by many and unspecified persons and threaten the health and social safety of the general public, the quantity of phiphonephones offered for transactions is about 4 km, and about 2 km of Paragraph 1 of the judgment among them seems to have been distributed and consumed in the city through C and D, and the victim of the crime of attack in the judgment was not willing to seek a letter to the victim, and rather, even after the investigation by an investigation agency, it is necessary to punish the victim with severe punishment.

However, if the defendant attempted to inform the investigative agency of the facts of drug transactions in the first place, and the defendant did not proceed to each of the crimes in this case if the information was successful, the defendant seems not to have taken place in the crime in this case, the profits acquired by the defendant from each of the crimes in this case do not seem to exceed the trading volume, the degree of participation in the crime in the second place in the decision of the defendant is not more severe than other accomplices, and the defendant continued to commit the crime in the third place in which the defendant decided as the means of recovery of claims was decided, and returned the vehicle to the victim after the repayment of claims, the defendant's age, character and conduct, and family relations are considered, and the punishment as ordered shall be determined as ordered, taking into account

Judge Park Jong-chul

Judge Lee Young-young

Judges Cho Jong-sung

1) Although the indictment is written as '2 kilograms', it is apparent that '1,976 9g' is '1,976 according to the remainder of the facts charged and the evidence in its holding. Thus, the indictment is written as '2 kilograms'.

(2) the correction shall be entered as such.