beta
(영문) 서울고등법원 2019.08.16 2019노1153

특정범죄가중처벌등에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (seven years of imprisonment, confiscation) is too unreasonable.

2. The summary of the crime of this case is as follows: (a) the Defendant conspireded to import chophones from one person B and Malaysia, which is the cause of the drug sales organization, to import chophones to Korea; and (b) the Defendant first imported chophones by the method of receiving approximately 2,988.04g of chophones, which were sent from Malaysia to the international special transport cargo, after entering Korea, being familiar with and waiting for the said chophones.

The defendant shows his attitude to recognize and reflect all the crimes of this case.

The whole part of the penphone imported by the defendant was seized and not distributed in the market.

The Defendant participated in the instant crime according to the direction of B, the principal offender.

Defendant has no record of punishment in Korea.

The above is the circumstances favorable to the defendant.

On the other hand, narcotics-related crimes are not likely to be exposed due to their characteristics, but they have a negative impact on society as a whole due to their decentralization and toxicity as well as high risk of recidivism.

Recently, narcotics-related crimes have been rapidly expanded internationally and systematically, and in particular, the crime of importing phiphones is highly likely to cause additional crimes by spreading phiphones and resulting therefrom, so strict countermeasures should be taken to protect society and its members.

The crime of this case was committed systematically and systematically.

Although the Defendant did not primarily plan the instant crime, the Defendant played a key role in the provision of the place of receipt after entering Korea in advance so that B, the principal offender, could conceal and display the phiphones into the international specialty transmission, and thus, the degree of his participation cannot be deemed to be minor.

The amount of penphones imported by the defendant is equivalent to approximately 2,98.04g.

The above is the circumstances unfavorable to the defendant.

. The above.