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(영문) 부산고등법원 2015.10.14 2015노353
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant as to the summary of the grounds for appeal is too unreasonable.

2. The crime of importing narcotics, etc. is highly likely to harm the health and social safety of the people, and the use of phiphones imported by the defendant is more toxic or harmful than other narcotics, and the use of phiphones imported closely by the defendant is a huge amount of 416.29g, which can be administered by a person in several thousands, and thus, if the phiphones imported closely are distributed in the market, it would have caused serious harm to the society if they were distributed in the market. The defendant again committed the crime of this case during the period of suspended execution, despite the fact that the phiphones imported closely by the defendant were sentenced to five years of suspended sentence of imprisonment for three years due to the import of phiphones before the crime of this case and the above punishment became final and conclusive on September 9, 2010, etc., the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that the defendant confessions all of the crimes of this case and reflects against the defendant, the fact that the penphone, which was sealed in this case, was seized from C, an accomplice, has not been distributed during the trial, and the defendant supported his parent without good health, is favorable to the defendant.

Even if an accomplice C led to the instant crime, as alleged by the Defendant, according to the sentencing guidelines set by the Supreme Court Sentencing, the recommended sentence against the Defendant according to the sentencing guidelines set by the Supreme Court Sentencing is more than five years but not more than eight years, and the lower court rendered four years lower than the lower limit of the above recommended sentence and all other conditions of sentencing set forth in Article 51 of the Criminal Act, it cannot be deemed that the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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