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(영문) 서울고등법원 2017.10.12 2017노2430
특정범죄가중처벌등에관한법률위반(향정)등
Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (a prison term of four years and six months, confiscation, and collection) is improper as it is excessively unreasonable compared to the extent of the Defendants’ responsibility.

2. In light of the frequency, method, etc. of the instant crime, the lower court: (a) took into account the circumstances unfavorable to the Defendants, while considering the fact that the nature of the instant crime is very poor; (b) the crime of narcotics is likely to have a negative impact on society as a whole; and (c) there is a possibility of criticism for the purpose of sale in Korea; (b) the Defendants both led to the confession and reflect of the crime; (c) there is no history of criminal punishment in Korea; and (d) there is no history of domestic criminal punishment; and (e) the fact that the imported should have been seized and not distributed, taking into account the circumstances favorable to the Defendants, sentenced to a minor punishment exceeding

The lower court’s determination on sentencing appears to have been properly made within the reasonable scope by taking into account all the conditions of sentencing, such as the Defendants’ age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and there is no obvious change in the sentencing conditions that can correct the lower court’s determination in the first instance court. Thus, the Defendants’ assertion that the sentence imposed by the lower court is too heavy cannot be accepted.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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