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(영문) 광주고등법원 2018.11.15 2018노338
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (defendant A: imprisonment of 3 years and 6 months, and imprisonment of 3 years) is too unreasonable.

2. The judgment of the Defendants did not have a large amount of philophones and marijuana imported by the Defendants, and Defendant A sold philophones imported as such through several times.

It is not easy to detect narcotics crimes due to their characteristics, and there is a significant negative impact on society as well as on the risk of recidivism, such as impairing the public health, or inducing other crimes, and in particular, in the case of crimes of philophones, it is necessary to strictly punish them in that they cause the proliferation of narcotics in Korea.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, including the Defendants’ age, sexual conduct, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, etc., the Defendants are both committed and repented, and the Defendants appear to have cooperated with the investigation of the phone buyers, etc., considering the circumstances favorable to the Defendants, the sentence imposed by the lower court against the Defendants is too unreasonable.

3. The Defendants’ appeal is dismissed in entirety under Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds for appeal.

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