마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.
2. The summary of the instant crime is that the Defendant imported the instant crime by dividing it into KRW 226, 13 in a capsulule 226, wherein the Defendant had to contain approximately approximately approximately 16.8g of plasticphones and philophones 99.21g and philophones.
The defendant was seized in both a philopon and a philopon imported by him, and thus was not distributed in the market.
The defendant has no history of criminal punishment in the Republic of Korea.
The above is the circumstances favorable to the defendant.
On the other hand, narcotics-related crimes are not easy to detect them in light of their characteristics, but they have a high risk of recidivism, and are likely to have a negative impact on the whole society as well as individuals due to their decentralization, toxicity, etc.
In particular, since narcotics import crimes are highly likely to cause additional crimes and spread of narcotics, there is a need to strictly punish them.
The amount of penphones imported by the defendant is equivalent to 116.09g.
The above is the circumstances unfavorable to the defendant.
In full view of the above circumstances, Defendant’s age, sex, environment, and circumstances after the crime, all the sentencing conditions shown in the argument of the instant case, and the scope of recommended sentences by the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s sentencing against Defendant is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.