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(영문) 서울고등법원 2013.08.29 2013노2044
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment and confiscation) is too unreasonable.

2. However, it is recognized that the Defendant led to the confession of the instant crime, and the Defendant and his accomplice repented in depth with his mistake, and the Defendant and his accomplice appear to have been for the purpose of passing through the Republic of Korea, not for distributing the instant phiphones in Korea, and that the instant phiphones imported by the Defendant was discovered in customs and seized in whole.

However, the crime of this case is that the defendant imported approximately 4,09.31g of the instant phiphone, and the nature of the crime is very poor in light of the method and content of the crime. Narcotics-related crimes are serious social harm due to the toxicity of narcotics, etc., and in particular, narcotics-related crimes are highly likely to cause harm to the health and social safety of the people because they are classified into sale and purchase or medication. As such, strict punishment is necessary, various sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, home environment, and various circumstances favorable to the defendant, and the scope of the sentencing guidelines for narcotics-related crimes in accordance with the sentencing guidelines for narcotics-related crimes falls under the basic area of category 3 among the "large-scale crimes" of the sentencing guidelines for the sentencing guidelines for narcotics-related crimes in consideration of various circumstances favorable to the defendant, and thus the scope of

In full view of the fact that the lower court appears to have set the sentence by reasonably leaving the lower limit, it is not recognized that the sentence imposed by the Defendant is too unreasonable because the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

3. 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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "Article 4(1) and Article 2(3)" shall be corrected to "Article 4(1)1 and Article 2(3)."

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