마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
-. 0.6g (No. 1), seized philophones;
Summary of Grounds for Appeal
Of the facts charged in the instant case, the lower court’s sentencing three years to the Defendant without recognizing the Defendant’s consent to the importation of the Defendant’s clickphones (hereinafter “clickphones”) is too unreasonable.
Judgment
The term "self-denunciation" under Article 52 (1) of the Criminal Act as to whether a person voluntarily surrenders to the import of phiphonephones is established when the criminal voluntarily reports the criminal facts to an investigation agency and expresses his/her intent to prosecute him/her. It includes cases where the criminal facts were voluntarily present and led to the summons of the prosecutor after the occurrence of the
(2) Article 52(1) of the Criminal Act provides that “a person shall be subject to self-denunciation” under Article 52(1) of the Criminal Act, and Article 52(1) provides that “a person shall be subject to self-denunciation” under Article 52(1) of the Criminal Act and “a person shall be subject to self-denunciation” under Article 52(1) of the same Act, and “a person shall be subject to self-denunciation” under Article 52(1) of the same Act, and “a person shall be subject to self-denunciation” under Article 52(1) of the same Act and “a person shall be subject to self-denunciation” under Article 52(1) of the same Act.
[However, the lower court’s failure to voluntarily reduce the number of self-denunciation merely because it is a reason for voluntary mitigation (see, e.g., Supreme Court Decision 2004Do2018, Jun. 11, 2004). Whether or not the instant narcotics crime, in particular, the nature of the crime committed by importing phiphones into the Republic of Korea is very poor, and the Defendant sent phiphones to the Defendant to fall into a difficult situation, etc. are disadvantageous to the Defendant.
However, as above, the defendant voluntarily surrenders himself to the crime of importing phiphones, and confessions all of the crimes of this case, and reflects his mistake, and the amount of phiphones imported by the defendant is less and immediately in Korea.