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(영문) 서울고등법원 2019.08.16 2019노909
특정범죄가중처벌등에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six years of imprisonment and confiscation) imposed on the Defendant by the lower court is excessively unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfasible and unfair.

2. In order to protect society and its members from narcotics crimes that have recently been rapidly expanded internationally and systematically, there is a great need to strictly cope with the import activities of narcotics, such as each of the instant crimes.

The Defendant: (a) packaged 5 plastic phones in five plastic bags to put them in clothes; or (b) used the buckbucks to conceal the buck in the roof.

In collusion with a person whose name is unknown, the Defendant imported large volume of narcotics up to 992.7g (49,635,000 at market price).

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant showed anti-discrimination when committing the instant crime from the first interrogation stage to the present court.

The defendant was not actually distributed because the whole amount of the penphones imported by the defendant was seized.

The defendant seems to have served as a simple philophone transport policy.

Defendant has no record of punishment in Korea.

The above is the circumstances favorable to the defendant.

As above, comprehensively taking account of various circumstances revealed in the records and pleadings, such as the Defendant’s age, character and conduct, family environment, motive and means of committing a crime, and the circumstances after committing a crime, it cannot be deemed that the sentence (one year of imprisonment and confiscation) imposed by the lower court is too heavy or unreasonable.

The defendant and prosecutor's argument cannot be accepted in entirety.

3. We cannot accept the appeal filed by the Defendant and the prosecutor in conclusion.

Therefore, all appeals filed by the defendant and the prosecutor should be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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