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(영문) 대구고등법원 2019.03.28 2018노611

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment with prison labor for two years and six months) imposed by the court below is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected his mistake.

The defendant was not involved in the import crime of narcotics, and the defendant was involved in the crime by informing the location to receive narcotics, etc. under the direction of the person whose name is unknown.

Narcotics imported as a result of the instant crime were entirely confiscated and not distributed during the time.

No criminal defendant has been punished for a crime related to narcotics.

The defendant has recovered from damage to the victim of the crime of fraud and agreed that the victim does not want to punish the defendant.

However, the Defendant conspiredd with the above persons to import psychotropic drugs from persons whose name is unknown to deliver them to persons who wish to purchase them, and imported MMA 106.

The Defendant’s act of importing narcotics is highly likely to cause the spread of narcotics that have a negative impact on the society as well as the relevant individuals due to their halluity and toxicity, as well as additional crimes resulting therefrom, and the nature and crime of the psychotropic drugs imported by the Defendant is heavy because of their considerable transfer of psychotropic drugs.

In addition, since 2014, the Defendant had been punished several times for committing a crime by deceiving the victim and deceiving the price of goods by false writing that he/she sells used goods on the Internet site (the actual type of punishment, once suspended execution, five times of fines), and on May 21, 2017, he/she again committed the crime of this case during the repeated crime period after the execution of punishment due to fraud was completed.

The punishment imposed by the court below on the defendant is the minimum punishment that can be determined by law as the minimum punishment for the crime of this case after discretionary mitigation is conducted, and the defendant's age, character and conduct, environment, and so on.