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(영문) 서울고등법원 2019.06.27 2019노316
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) is unreasonable as the following sentence imposed by the lower court on the Defendants is excessively unreasonable.

Punishment No. 1 A 5 years and six months, confiscation and collection 2 years, confiscation and confiscation by the court below's sentence No. 11

2. The summary of the instant crime is as follows: ① the Defendants imported psychotropic drugs (YABA) 3,476 Kaba (YBA) and 7.36 Kaba (YBA) in collusion with those who are not aware of C and their names; ② Defendant A administered 1 Naba.

Recently, in order to protect society and its members from narcotics crimes rapidly expanding internationally and systematically, it is necessary to strictly cope with the import activities of narcotics, such as the instant crimes.

As above, there is a considerable amount of the defendants' smuggling.

The Defendants realizing the crime of smuggling import by importing international mail containing an international mail, which is concealed on the surface of the cosmetics following the public invitation with C, etc., and the method of committing the crime is very closely consistent.

Defendant

A up to the first medication of the Pbaba.

As above, the Defendants are disadvantageous to the Defendants.

On the other hand, the Defendants agreed to commit the instant crime.

The Defendants seem to have participated in the instant smuggling import crime as a proposal C.

The above-mentioned imported Baba did not actually distribute in the market.

As above, circumstances favorable to the Defendants are favorable to the Defendants.

As above, comprehensively taking account of all the circumstances revealed in the records and arguments of this case, including the Defendants’ age, character and conduct, family environment, circumstances after the crime, and the scope of the recommended punishment presented by the Supreme Court Sentencing Committee, the sentence imposed by the lower court to the Defendants cannot be deemed as being excessively unreasonable.

The Defendants’ assertion cannot be accepted.

3. Conclusion of the Defendants’ appeal cannot be accepted, and Article 364 of the Criminal Procedure Act is not acceptable.

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