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(영문) 대구고등법원 2020.11.12 2020노357

특정범죄가중처벌등에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (7 years of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and actively cooperated in the investigation of accomplices by breaking the depth of the mistake.

The defendant has not been distributed in Korea because all of the defendant had been seized on two occasions.

There is no history of punishment against the defendant in the Republic of Korea, and there is a family to support the birth country.

These circumstances are favorable to the defendant.

However, the crime of this case was committed by the defendant while illegally staying in Korea more than twice, and administered, received, sold, or sold a large quantity of narcotics. The crime of this case is very heavy in view of the quantity and value of the sealed narcotics.

It is necessary to strictly punish narcotics crimes in that they are not easy to detect and are highly likely to repeat crimes, but they are highly harmful to society as a whole, such as harm to national health, and in particular, they may cause the spread of narcotics in Korea.

In addition, considering the various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

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