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(영문) 서울고등법원 2018.12.18 2018노1747

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) is unreasonable as the sentence imposed by the court below (three years of imprisonment and confiscation) is too unreasonable.

2. The Defendant followed up the instant crime from the urgent arrest to the instant court.

After the institution of the instant prosecution, the Defendant had expressed an attitude to reflect on the crime by submitting continuous rebuttals.

The defendant has no history of criminal punishment in the Republic of Korea.

In fact, all of the philophones imported by the defendant were seized and not distributed in the market.

The above is the circumstances favorable to the defendant.

On the other hand, in order to protect the society and its members from narcotics crimes that have been rapidly expanded internationally and rapidly, it is necessary to strictly cope with the import activities of narcotics, such as the instant crimes.

The amount of penphones imported by the defendant is up to 28.65 g, and if such penphones are distributed, the harm and injury inflicted on the society is not weak.

The Defendant, in his own face, has entered the Republic of Korea by concealing philophones, and the method of committing such crimes is considerably tight.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant asserts to the effect that, while undergoing a crypt surgery, the Defendant sent severe dental pains to reduce his/her pains, he/she used crypphones in China in order to reduce his/her pains, and imported the instant crypphones for the same purpose when he/she stays in Korea for three months or longer.

However, the result of this court's factual inquiry about D dental clinics for which the defendant performed a crypt operation, which alone caused severe dental pain to the defendant.

It is insufficient to recognize it.

Even if, as such, the defendant has suffered serious pain

Even at home, the use of narcotics for the reduction of pains shall be on the control of narcotics.