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(영문) 서울고등법원 2019.06.21 2019노1059
마약류관리에관한법률위반(향정)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (five years of imprisonment, confiscation, and collection) is unfair because it is too uneasible.

Judgment

The court below determined the defendant's punishment in consideration of the sentencing guidelines of the Sentencing Committee, considering the following factors: (a) the defendant imported a large quantity of narcotics for commercial purposes; (b) the defendant imported a large quantity of narcotics for commercial purposes; (c) sold them to others by making a sales advertisement; and (d) the crime related to narcotics is not easy to detect due to their characteristics; (c) the risk of recidivism is high; and (d) the spread of narcotics and the occurrence of additional crimes; and (e) the negative impact on the public health on the high level; and (b) the defendant shows the attitude of recognizing and opposing each of the crimes of this case after the arrest; (d) the fact that most of the narcotics imported by the defendant were confiscated and not distributed during the time; (e) the defendant did not have been sentenced once to a fine; and (e) the defendant would again be free from the site of the narcotics; and (e) the defendant actively cooperate in the investigation by the investigation agency, such as making a detailed statement about the import volume of narcotics and how to commit the crimes of other narcotics.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.

Considering the various kinds of narcotics imported and sold by the Defendant for profit-making purposes, and the number of transfers, the reasonable scope of discretion should be determined by taking into account the following factors: the Defendant’s age, character and conduct, environment, family relationship, previous convictions, criminal records, circumstances after the commission of the crime, etc.:

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