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(영문) 서울고등법원 2018.07.19 2018노1376
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (for a period of four years of imprisonment, confiscation) is too unreasonable.

2. Since the lower court’s judgment, the Defendant recognized all of the instant crimes as a matter of course, and is in depth repenting his mistake.

The defendant does not seem to have imported narcotics systematically and professionally, and the quantity of imported philophones and marijuana is relatively small.

The whole quantity of penphones and marijuana imported by the defendant was seized and not distributed in Korea.

The health conditions of both the defendant and the defendant are not good.

However, there are many criminal offenses against the accused.

The Defendant committed each of the instant crimes during the period of repeated crime after the execution of imprisonment with prison labor for the same crime, etc., and subsequently imported a penphone and marijuana from China in order to administer a penphone and inhale marijuana.

In the case of narcotics crimes, it is not easy to detect narcotics due to their characteristics, the risk of recidivism is very high, and the adverse effects of narcotics on society are serious due to their decliability, toxicity, etc., and in particular, the importation of narcotics is highly likely to cause additional crimes due to the proliferation of narcotics or the addition of narcotics.

In full view of the above various sentencing conditions as seen above against the defendant, such as the defendant's age, sex, environment, family relation, motive, means and consequence of the crime, etc., it cannot be said that the sentence imposed by the court below after the reduction of the amount is too unreasonable as it is too too unreasonable.

Defendant’s assertion is without merit.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is without merit.

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