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(영문) 서울고등법원 2016.04.15 2016노595

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

The sentence of imprisonment (three years, confiscation and collection) by the court below on the summary of the grounds for appeal is too unreasonable.

Judgment

The fact that the defendant has led to the confession of all crimes and dissipating the horses later, and that the defendant voluntarily expressed his intention to treat the addiction of phiphones and did not administer phiphones, etc. in the future, and that the defendant does not seem to have imported phiphones for the purpose of sale is a favorable condition for the defendant.

However, even though the Defendant was sentenced to the suspension of the execution of imprisonment due to the administration of phiphones, the Defendant again committed the instant crime within the grace period, and the Defendant’s instant crime was committed by importing phiphones on two occasions, and recommended to administer phiphones to the large of 10-30 women who do not have experience in administration of phiphones, in addition to the administration of phiphones, and it is not good to the law and the nature of the relevant crime, and there is considerable number of times to do so.

In addition, in full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive and background of the offense, means and consequence, the scope of recommendations according to the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court is too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.