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(영문) 대구고등법원 2020.05.07 2019노637
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (three years and six months of imprisonment, respectively) is too unreasonable.

2. The Defendants recognized the instant crime and divided the mistake in depth.

There is no criminal conviction against the Defendants.

The philophone imported by the Defendants was entirely seized by an investigative agency and was not distributed in the market.

Family members of the Defendants want to take the wife.

However, narcotics-related crimes are likely to harm public health, have a significant negative impact on the society as a whole due to their halluity and toxicity, and have a high risk of recidivism.

In particular, it is necessary to strictly punish the crime of smuggling in that it causes the proliferation of narcotics in Korea.

The crime of this case was committed by the Defendants in collusion with the illegal stay in the Republic of Korea and caused a person in the Thailand to put phiphonephones into a transparent plastic bag, put them into a tape, keep them in a plastic box, and send them to an international express postal item, and then imported in Korea is not good in the nature of such crime.

There are few transfers of imported philophones.

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

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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