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(영문) 대구고등법원 2019.09.04 2019노263
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too unreasonable;

2. The instant crime committed by the Defendant in collusion with a person with no personal name, and the Defendant appears to have committed the crime and committed against the Defendant in cooperation with the investigation.

The defendant was seized by the investigative agency, which was sealed by the defendant, and the whole amount was not distributed in the market.

The defendant has no record of criminal punishment in Korea prior to the instant case.

It seems that there is a family to support the defendant and the economic situation is not good.

However, it is necessary to strictly cope with narcotics crimes in that they cause the spread of narcotics in Korea, in particular, in the case of philophones and cambanes, which are not easy to detect due to their characteristics, and are likely to cause high risk of recidivism, and are likely to harm the public health or cause other crimes.

The defendant was well aware that imported items are philophones and campings, and the defendant was sealed with accomplices, and the defendant was 47.3g and 199 ophones and campings, respectively, to the extent that they can be administered to persons exceeding 1,000 persons.

In light of such various circumstances, it is inevitable for the defendant to severely punish him.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive for and consequence of the crime, and all of the sentencing conditions indicated in the records of the instant case, including circumstances after the crime; and (b) where there is no change in the sentencing conditions compared with the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the lower court, by comprehensively taking account of various sentencing factors, sentenced the Defendant within the scope of the sentencing guidelines beyond the lower limit of the recommended sentencing guidelines.

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