(영문) 서울고등법원 2015.10.15 2015노2096 | 리걸엔진

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(영문) 서울고등법원 2015.10.15 2015노2096

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (two years and six months of imprisonment, confiscation, collection in addition) to the summary of the grounds for appeal is too unreasonable;

2. Considering the fact that the crime of cutting off narcotics is not easy to detect due to its characteristics, and that the risk of recidivism is high, and that the negative impact on society as a whole is considerable, and that the manufacture of phiphones is likely to cause additional crimes due to the spread of narcotics and the occurrence of additional crimes resulting therefrom, it is more serious than the crime due to simple medication, etc., and that the defendant manufactures phiphones over four times a year including the preparation period for the manufacture of phiphones, it is necessary to punish the defendant with severe punishment corresponding to the relevant crime.

However, the first instance court determined to be sentenced to the defendant for 2 years and 6 months less than the lowest sentencing guidelines, comprehensively taking into account the following factors: (a) the total amount of the penphones manufactured by the defendant is relatively large; (b) the defendant does not seem to have manufactured a penphone for the purpose of professional sale; (c) the defendant has little profits from the manufacture of a penphone; (d) the defendant confessions each of the crimes in this case; (c) the defendant has no criminal power; (d) the defendant is the first offender who has no criminal power; (e) the defendant's family is leading the defendant; and (e) the defendant's age, environment, character and behavior, health conditions; (e) the motive and means of the crime; and (e) the circumstances after the crime; and (e) all the sentencing factors indicated in the records of this case, such punishment of the first instance court is determined to be sentenced to the defendant for 2 years and 6 months less than the minimum sentencing sentencing guidelines. In light of all the sentencing factors and sentencing sentences of the judgment of the first instance court.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is justified.

유사 판례

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