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(영문) 서울고등법원 2021.01.14 2020노1377
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of four years and six months, and Defendant B shall be punished by imprisonment with prison labor of three years.

seizure.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) Defendant B withdrawn the assertion of mistake of facts on the second trial date.

Each sentence (five years of imprisonment with prison labor on the basis of main sentence) sentenced by the court below to the defendants is too unreasonable.

2. Judgment on the grounds for appeal

A. As to the Defendant A’s unfair argument on sentencing, narcotics, including phiphonephones, including narcotics, are likely to avoid the body and mind of an individual due to their climatic and toxicity, and are highly likely to seriously undermine the public health and thereby adversely affect the society as a whole.

In particular, among narcotics-related crimes, the act of importing narcotics from abroad is considered as an act of high social risk that is likely to spread domestic narcotics crimes, and the relevant laws have considerably high statutory penalty, and it is necessary to take more strict measures in light of such legislative intent.

The crime of import of narcotics, which is organized, is most cases where not only the master-child who led the crime, but also the persons who shared the act such as the transportation of narcotics, delivery books, etc. are committed through close cooperation.

Therefore, even if a person is not in a simple transport or delivery book, as long as he/she takes an important part in the implementation of the crime, he/she cannot be assessed against him/her.

The Defendant, upon receipt of a proposal from pro-Japanese to receive the penphones sent by international mail in the U.S. from pro-Japanese and consented to the receipt of money from the face value to the face value of a million won, provided that C and largephones are continuously contacted with each other, and provided C with the method of receiving mail and notified C of the receipt of the penphones in Korea.

On the other hand, the defendant was able to take part in the crime of this case, with regard to the fact that he would take part in the price received from C, and he also took part in the crime of this case as an accomplice who will receive philophone B along with the defendant B.

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