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(영문) 서울고등법원 2012.12.07 2012노3563

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years and six months of imprisonment, additional collection 1.6 million won) is too unreasonable.

Judgment

There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant recognized all of the crimes and reflects on December 4, 2010, and the fact that the importation of the phiphones does not directly import the phiphones by the Defendant but merely introduce the phiphones to C and D, and that the revenue of the phiphones does not amount to the extent that the phiphones are widely disseminated to a third party on June 12, 2012, and that the Defendant did not have the same criminal record.

However, the defendant introduced a phiphone dealer in China to allow C and D to import phiphones in Korea without being limited to allowing him/her to directly purchase phiphones in China, and then bring them into Korea. Narcotics crimes are highly harmful to society due to high propagation and gravity, toxicity, etc., narcotics import and sale are likely to cause harm to the public health and social safety, and the defendant seems to have been involved in the transaction of narcotics since he/she introduced a phiphone dealer to C and D, and all of the sentencing conditions such as sentencing (three years of imprisonment), the defendant's age, family relation, criminal record, character and conduct, environment, motive and circumstance of crime, means and method of crime, etc., and circumstances after crime, etc. are considered to be unfair. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.