마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal: The punishment that the court below sentenced to the defendants (the 4 years of imprisonment, confiscation and additional collection, the 2 years and 6 months of imprisonment, and the additional collection) is too unreasonable.
Judgment
A. The crime involving Defendant A’s narcotics is an individual, home, and society’s degradation, resulting in social depression beyond an individual’s criminal act.
In particular, among narcotics, the toxicity and harmful effects of philophones are more severe, so large-scale circulation of philophones that import or sell them to the general public is highly likely to be socially malicious in light of the harm and spread caused by philophone medication.
During the short period of two months, the Defendant advertised a total of more than 500 penphones, imported a large number of penphones up to 460g, sold imported penphones over 21 times and distributed them during the market.
The illegality of each of the crimes committed by the Defendant is very large in light of the frequency of the crimes committed repeatedly for a short period of time, the amount of penphones distributed in the market, the adverse effects of each of the crimes of this case on society, etc.
Moreover, even though the Defendant was arrested by the Defendant, who was the accomplice of the sales advertisement and import of phiphones, the Defendant suggested the commission of the crime to his or her relatives, rather than to stop committing the crime, and made an advertisement to sell imported phiphones, and made an interview or interview to sell the phiphones.
In light of the attitude of the defendant's law light, there is a high possibility of criticism.
These circumstances are disadvantageous to the defendant.
However, the defendant has no criminal history except for those punished by a fine in the past, and there is no record of the same crime.
In addition, after one arrest, active cooperation has been made in investigation, all of his errors have been recognized, and the new departure has been made.