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(영문) 광주고등법원 2016.10.20 2016노283

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years and six months of imprisonment, three years of suspended execution, three years of community service, 120 hours of imprisonment) is too unhued and unreasonable.

2. The crime of this case is not a good crime in light of the fact that the defendant purchased psychotropic drugs, which are narcotics, by accessing the Internet site, and imported narcotics, etc., with strong toxicity to avoid a mental or physical harm to an individual, and that there is a great harm to society as a result of inducing other crimes in the distribution process, and that in the case of smuggling, there is a possibility that the domestic spread of narcotics, etc. and the occurrence of additional crimes caused thereby, it is necessary to strictly punish them compared to mere possession and medication.

However, it is a normal situation that the defendant led to the confession of the crime of this case and the mistake in depth, the defendant was discharged from active service due to the outbreak of liverness while in military service, and the defendant appears to have been imported for the purpose of returning to the social life by failing to adapt themselves to the social life due to the outbreak of liverness during his military service, and the purpose of distribution is not to have been achieved. The amount of psychotropic drugs imported by the defendant is relatively large, the defendant did not have any history of punishment for the same crime, the defendant was a person of distinguished service who was discharged from military service due to the disease that the defendant was discharged from military service, the mother and her mother wanted to take the action against the defendant, and the defendant's mother and her mother wanted to take the action against the defendant, and the defendant's mother seems to have a relatively clear family and social relationship, such as leading the defendant.

In light of these circumstances, if various conditions of sentencing as shown in the instant pleadings, such as the character and behavior, environment, motive and background of the crime, and circumstances after the crime, are gathered, even if considering that the sentencing factors of the court below are disadvantageous to the defendant, the sentencing of the court below leads to the degree of reversal because it is too uneasible.