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(영문) 서울고등법원 2018.05.30 2018노267
특정범죄가중처벌등에관한법률위반(향정)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than five years and six months.

The seized LG-F500L.

Reasons

1. Summary of grounds for appeal;

A. On the second trial date, the Defendant and his defense counsel explicitly withdrawn the allegation of mistake of facts and misapprehension of legal principles during the grounds of appeal.

The punishment sentenced by the court below (7 years of imprisonment, 5720,00 won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant, for a short period of 4 months including the crime committed with B, who is an accomplice, has traded and administered phiphones (12 times) and administered (5 times) more than 17 months in total, and in addition, in light of the period or method of the crime, the quantity of imported phiphones, and other factors, such as importing phiphones directly purchased in the United States with intent to distribute phiphones in the Republic of Korea by dividing them into 12 plastic sealings into 12.03g in the United States, and making them disguised into international mail, and the crime is very poor in quality and criminal situation. Such narcotics crimes need not be avoided from personal body and mind due to toxicity, decliation, etc., and there is a need to eradicate them so much adversely affecting society by impairing the health of the people or inducing additional crimes. In particular, the crime of importing phiphones constitutes a serious crime that may cause the spread of narcotics in the Republic of Korea, and if the defendant has been sentenced to criminal punishment, including several kinds of criminal punishment of the same kind.

However, including the fact that the value of the penphone imported by the defendant from the trial of a party exceeds five million won, the attitude of confession and reflecting the whole crime of this case is shown, the whole amount of the penphone imported by the defendant is confiscated before the distribution of the penphone, and thus the social risk of narcotics is not realized. The fact that the defendant's gains from each crime of this case are not significant, and other matters are the defendant's age, sex behavior, environment, motive and method of the crime, means and method of the crime, and after the crime.

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