마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: The court below's imprisonment (three years and six months of imprisonment) is too unreasonable.
2. The judgment of the defendant recognized the crime of this case and reflects it, and the defendant is the first offender who has no record of criminal punishment.
In addition, among the facts charged in the instant case, the fact of the receipt of phiphones was based on the premise that it would be seized in order to store the “investigative Official” for the reduction of D’s punishment, which was at the time, and the net intention of imported phiphones was considerably lower than 30%, and thus, it was difficult to distribute them in the market in reality. In fact, the entire amount of phiphones was confiscated by the investigation agency that obtained prior information and were not distributed to others.
However, the crime of this case is very poor in terms of the act of deceiving investigation agencies and causing mixing to narcotics investigation agencies, and it is very poor in terms of the fact that DNA, which was prosecuted as a crime of violation of the Act on the Control of Narcotics, etc. (fence), partially created "official" to avoid being sentenced to a high punishment, imported phiphones, and brought and kept phiphones, etc. in D's house when D was detained as a narcotics offender.
The defendant argued that the defendant was committed a crime of philophone revenue in accordance with the direction of L introduced by D, but it seems that he actively committed the crime by planning to commit the crime through correspondence with D and preparing expenses directly and remitting them to E, etc. in China, or directly contact with E.
Furthermore, the defendant made a meritorious service for the same other arrested suspects through the importation of philophones, etc. along with the detained D, and also put up a plan to receive money in return.
The amount of penphones imported by the Defendant as the instant case is approximately 110g.
There is no change in the circumstances after the original judgment, and comprehensively takes account of the circumstances that serve as the conditions for sentencing known by the records.