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(영문) 서울고등법원 2016.12.22 2016노2961
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant, taking into account the following: (a) the Defendant’s act of committing the instant crime in collusion with a person handling narcotics, etc. who is not a person handling narcotics, thereby importing psychotropic drugs, in collusion with a person handling narcotics, and the nature of the relevant crime is not good; and (b) the Defendant’s act of driving phiphones imported are not substantial.

However, when considering the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, etc., the sentence imposed by the court below is deemed appropriate, and it is deemed that the sentence imposed by the defendant is too heavy or unreasonable, as the defendant and the prosecutor's assertion are all without merit. Thus, the above argument by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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