마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Of 92.02g (No. 1) of seized philophonephones.
1. Summary of grounds for appeal;
A. In light of the circumstances such as the Defendant’s confession of all the facts charged and the fact that imported philophones are not distributed on the market, the sentence imposed by the lower court (three years and six months) is excessively unreasonable.
B. In light of the circumstances such as the fact that the Defendant was trying to bring in a large amount of phiphones, the Defendant’s vindication that he imported phiphones for the purpose of medication is difficult to believe, and the Defendant committed the crime of phiphones in addition to the crime of importing phiphones in this case, the sentence imposed by the lower court is too unreasonable.
2. The Defendant, who made a confession to commit an offense, is able to repent of his mistake.
When all of the visual phone imported by the defendant is seized, it was not distributed in the market.
Defendant has no record of punishment in the Republic of Korea.
This is the circumstances favorable to the defendant.
However, the amount of penphones imported by the defendant depends on 92.82g.
This constitutes an act of importing a large quantity of narcotics that can be administered more than 3,000 times when a dose is made 0.03g by using a disposable injection device.
As such, the gravity of the instant crime cannot be easily assessed, since the negative impact of the instant crime is serious on social maliciouss, such as the occurrence of additional crimes, which may result in the circulation of narcotics in the Republic of Korea.
In full view of such circumstances and the Defendant’s age, environment, family relations, the means and consequence of the instant crime, and all the various sentencing conditions as shown in the instant pleadings, including the circumstances after the instant crime, it is appropriate to set the sentencing sentencing by excluding the lower limit of the recommended punishment set by the sentencing guidelines.
subsection (b) of this section.
This is also true in view of the fact that the motive of the criminal defendant who imported philophones is neither the purpose of sale nor the purpose of medication like the defendant's assertion.