특정범죄가중처벌등에관한법률위반(향정)
All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The defendants (e.g., imprisonment with prison labor for one year and nine months, and one year imprisonment with prison labor) that the court below sentenced the defendants as to the punishment (e.g., imprisonment with prison labor for the defendants A) is too unreasonable.
(A) The defendant argued that mistake and misapprehension of the legal principles in the initial appellate brief, but the appellate court dismissed the allegation of mistake and misapprehension of the legal principles on the first trial date).
The punishment sentenced by the court below against the Defendants is too unfasible and unfair.
2. Determination
A. In order to protect our society and its members from narcotics crimes that have a significant adverse impact on individuals and society as a whole, and rapidly globalized and urbanizationized, Defendant A is required to strictly cope with narcotics crimes; Defendant A corresponds to the principal offender of the instant phiphone revenue with Defendant C; Defendant A and C are not a large amount of phiphones imported through transport volume D; Defendant A and C were sentenced to imprisonment for a period of three years and six months due to the instant case and became final and conclusive.
On the other hand, Defendant A led to the confession of the crime of this case while committing the crime of this case, the fact that both the instant penphonephones and X posters are seized and distributed in parallel, and Defendant A was sentenced to imprisonment for six years at Seoul High Court on December 8, 2017 and confirmed on December 8, 2017. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case, prior to the final judgment and the crime of violation of the latter part of Article 37 of the Criminal Act, should be considered at the same time in relation to concurrent crimes under the relationship between the crime of this case and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the cooperation by Defendant A with the narcotics investigation, the support by Defendant A, and the
The above circumstances and various conditions of sentencing revealed in the trial process of the instant case are as follows.