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(영문) 서울고등법원 2013.08.13 2013노1609

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment is a condition for sentencing favorable to the defendant, such as the fact that the defendant's mistake is divided and reflected, that the whole part of the penphone imported by the defendant is seized and not distributed during the time, and that the defendant's parents want to have a preference against the defendant.

Meanwhile, the crime of this case is not likely to cause harm and danger in the event that the defendant packages phiphones in China into the Red Sea and vinyl, put them into the port text, and imported phiphones through the Incheon Airport, and the quality of the crime is not good. The defendant was sentenced to a suspended sentence of two years on January 7, 200 for the violation of the Cannabis Control Act, even though he was well aware of the harm or danger of the drug-related crime. The defendant again committed the crime of this case even though he was sentenced to a suspended sentence of two years on October 7, 200. The amount of phiphones imported by the defendant is very large and large, and the amount of phiphones are distributed in Korea. It does not appear that there are special circumstances to consider the motive or degree of participation in the crime of this case. The court below's punishment against the defendant is the lowest sentencing guidelines of the Sentencing Committee, and considering various circumstances such as the defendant's age, character and behavior, environment, etc.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.