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(영문) 부산고등법원 2014.08.27 2014노302
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment is a favorable condition for the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflects the fact that the smuggling imported, seized all of the sealed phiphones and distributed in the market, the fact that the defendant seems to have no economic benefits acquired by the crime of this case, the defendant seems to be forced to leave the country of home country after the execution of the sentence is completed, the defendant has no record of criminal punishment in the Republic of Korea, the defendant was a miscarriage while being investigated into this case under pregnancy, and the health status is not good, and the family members of the defendant want to leave the place against the defendant.

However, narcotics-related crimes not only cause physical and mental collapse of the relevant individual due to their toxicity, but also cause serious harm to the society as a whole due to their diffusion difficult to control the distribution channel. In particular, the act of importing phiphonephones with more toxic or harmful effects compared to other narcotics is highly likely to harm the health and social safety of the people, and the amount of phiphones imported by the defendant is not large, and the application of sentencing guidelines of the Sentencing Committee by the Sentencing Committee is considered in full view of all the sentencing conditions in this case including the defendant's age, character and behavior, environment, motive and means of the crime, and the result of the application of sentencing guidelines by the Sentencing Committee, even if the defendant's internal conditions are considered, it cannot be deemed unfair because the sentence of the court below is too unreasonable compared to the degree of the defendant's responsibility.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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