2015No711 Violation of the Act on the Control of Narcotics, etc. ( natives)

AA

Defendant

Pursuant to paragraph (5) of this Article, purification (prosecution) and heating (public trial)

Attorney BB

Busan District Court Decision 2015Gohap456 Decided November 6, 2015

March 16, 2016

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the court below against the defendant (two years and six months, etc.) is too unreasonable.

2. Determination:

In light of the circumstances favorable to the defendant, the crime of smuggling importing narcotics is highly likely to harm the health and social safety of the people. The fact that the defendant confessions all the crimes of this case and reflects the depth of the defendant, the fact that the phiphones imported by the defendant are seized and not distributed domestically, the fact that the defendant has no record of committing the same kind of crime, the defendant's health has no record of committing the crime, and the minor's children to support the crime is not good. However, the crime of smuggling importing narcotics is highly likely to harm the health and social safety of the people. The phiphone components imported by the defendant are highly toxic or harmful compared to other narcotics. The amount of phiphonephones imported by the defendant is more than 9.92 g, the quantity of the phiphonephones imported by the defendant is more than 330 persons. The court below rendered the highest sentence under the law that reduced the amount by taking full account of the favorable circumstances of the defendant asserted by the defendant in this case.

3. Conclusion

Therefore, 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.

Judges Park Jae-young

Judge Lee Dong-dong

Judges Kim Shin-type