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(영문) 서울고등법원 2016.06.23 2016노897

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

The defendant filed an appeal on the ground that he was too unreasonable since he was sentenced to imprisonment (4 years of imprisonment, confiscation, and collection) by the court below.

However, the court below reduced the statutory punishment by taking into account the circumstances favorable to the defendant, such as (1) the crime of narcotics is likely to have a serious adverse impact on the society throughout the society, such as (2) the fact that the amount of narcotics imported by the defendant is not large, (4) the narcotics imported by the defendant are not distributed in Korea, and (5) the fact that the defendant has no record of criminal punishment in Korea, etc., and (4) the court below sentenced the most minor punishment within the scope of the recommended sentencing guidelines (4 to 8 years of imprisonment) established by the sentencing sentencing committee of the Supreme Court. Such sentencing of the court below cannot be deemed unfair because it is too unreasonable, contrary to the allegations of the defendant.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.