마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
The sentencing of the court below (two years and six months of imprisonment) is too unreasonable.
Judgment
There are circumstances that should be taken into account in favor of the defendant, such as the fact that the defendant led to the confession of the crime of this case and seriously reflects the defendant, that the defendant was arrested before the sale of the phiphones and that the phiphones were not actually sold and distributed, that the defendant did not have any history of punishment for the same kind of crime as this case, and that the defendant's two daughters wanted the defendant to be scamblingly against the defendant.
However, it is necessary to fully consider the following circumstances in determining the defendant's specific punishment.
The crimes related to narcotics, etc., such as the crime of this case, are likely to cause serious adverse effects on society as well as to avoid the physical and mental health of an individual due to their climaticness, toxicity, and radio wave, etc., as well as to threaten the risk of undermining the health and social safety of the people, and cause the relevant crimes.
In addition, recently, our society has tendency to spread narcotics crimes compared to the past.
Therefore, criminal policy needs to eradicate narcotics crimes through more strict criminal liability enforcement.
The amount of penphones imported by the defendant is 440 times more than 440 times and the possibility of criticism is extremely high because the amount is not so much.
With regard to the motive of the instant crime of smuggling import, the Defendant argued that the Defendant, who was trying to return to Korea as a business failure in the territory of the Philippines, had a philophone imported into smuggling with the intent of requiring the Defendant to return to Korea, even a rophone from the son who was assisted by the Defendant.
However, the Defendant imported the instant instant phiphones by packaging plasticphones with vinyls and concealing them in a door, and thus, imported the instant phiphones.