마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
The punishment sentenced by the court below in summary of the grounds for appeal (seven years of imprisonment) is too unreasonable.
In particular, the lower court did not reflect the circumstance that the Defendant was admitted to K for several months before the Defendant was repatriated to the Republic of Korea in the Philippines, even though it was not reflected in the sentencing of this case.
Judgment
If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the terms and conditions of sentencing compared to the lower court in the first instance trial.
The fact that the defendant shows an attitude to recognize the crime and mislead the defendant, and that there is no record of criminal punishment in addition to the punishment of a relatively minor fine, etc. are favorable to the defendant.
In addition, the fact that the defendant was admitted to K for several months before he/she was repatriated to Korea in the Philippines needs to be taken into account in some favorable circumstances for the defendant.
However, at around October 2006, the Defendant, along with other accomplices, took a serious injury to the employees of the net gold analysis company, and led them to a violent crime that forcibly takes a net amount of KRW 220 million at the market price transported by them.
The defendant has left the Republic of Korea immediately after the crime of robbery was committed, and the defendant has resided in the Republic of Korea, and has committed serious crimes, such as sending phiphones and marijuana to a domestic resident several times.
Nevertheless, the Defendant did not make any effort to recover damage caused by robbery, and did not receive a letter from the victims.
In full view of the circumstances unfavorable to the Defendant as well as the various sentencing conditions shown in the instant records and arguments, the sentencing conditions favorable to the Defendant may be considered.