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(영문) 서울고등법원 2019.05.30 2018노3475
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unreasonable because the sentence imposed by the court below (the defendant four years of imprisonment and confiscation) is too unreasonable.

2. The summary of the instant crime is as follows: (a) the Defendant and the Thailand’s name and infinite drug supply books; and (b) B, a Thailand residing in the Republic of Korea, in collusion, sent international express postal items containing 3,000 parcels (hereinafter “instant postal items”); and (c) the Defendant received the instant postal items imported within the territory of the Republic of Korea therefrom.

Recently, in order to protect society and its members from narcotics crimes rapidly expanding internationally and systematically, it is necessary to strictly cope with the import activities of narcotics, such as each of the instant crimes.

The defendant seems to play the role of receiving and delivering the instant postal items to B.

As above, the amount of Yab imported into the territory of the Republic of Korea reaches 3,000.

If a drug of a strict size is distributed in Korea, it cannot be deemed that there is a negative impact on social harm or national health.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant committed the crime in the second step from the examination of suspect to the court.

The entire part of the defendant's import was confiscated and thus was not circulated in the market.

Defendant has no record of punishment in the Republic of Korea.

The defendant is currently suffering from disease, such as sacratitis or sacratosis.

The above is the circumstances favorable to the defendant.

As above, along with the sentencing factors favorable or unfavorable to the defendant, the age, character and conduct, home environment, circumstances after the crime, and the scope of recommended sentences presented by the Supreme Court Sentencing Committee [the four years of imprisonment with prison labor for which the original sentence is sentenced] is the district of recommended sentencing (the lowest of four to seven years of imprisonment).

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