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(영문) 서울고등법원 2017.07.06 2017노1236
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a punishment of imprisonment with prison labor for three years, confiscation and collection) is too unreasonable.

2. The lower court, based on the favorable circumstances, determined the sentence by comprehensively taking into account the following: (a) the crime committed by narcotics is not easy to detect in light of its characteristics; (b) the risk of recidivism is high; (c) the negative impact of the society due to the crypology, toxicity, etc.; (d) the Defendant imports and purchases a large amount of cophophones for the purpose of selling them to others; (c) the Defendant reflects the commission of the crime; (d) the Defendant’s import and purchase of cophophones are seized and distributed; (e) the Defendant actively cooperates with the investigation by an investigative agency; and (e) the Defendant provided information about narcotics-related criminals; and (e) the Defendant has no record of punishment in the Republic of Korea other than those sentenced to a fine due to driving without a license; and (e) the sentencing guidelines and other Defendant’s age, sex, environment, circumstances of the crime, and the circumstances after the crime.

In light of the fact that the sentencing of the lower court in the above trial is a woman and her father and wife to support the Defendant, the lower court’s sentencing exceeded the reasonable bounds of its discretion, considering that the sentencing of the lower court exceeded the reasonable bounds of its discretion.

As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendant does not accept the defendant's unfair argument.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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