logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.11.05 2020노341
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The judgment defendant recognized the crime of this case as well as his depth, and actively cooperated in the investigation of this case.

Some of the penphones and gatephones imported by the defendant were seized and have not been distributed in the market.

There is no history of punishment against the defendant in the Republic of Korea, and there is a family to support the birth country.

These circumstances are favorable to the defendant.

However, the crime of this case is not suitable because the defendant was sold, possessed, or administered after importing philophones and campings while illegally staying in Korea.

It is necessary to strictly punish narcotics crimes in that they are not easy to detect and are highly likely to repeat crimes, but they are highly harmful to society as a whole, such as harm to national health, and in particular, they may cause the spread of narcotics in Korea.

In addition, considering the various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below shall not be deemed appropriate and too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow