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(영문) 서울고등법원 2019.06.27 2019노797
특정범죄가중처벌등에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unreasonable as the sentence imposed by the court below (seven years of imprisonment and confiscation) is too unreasonable.

2. The summary of the instant crime is that the Defendant imported 4,030 square meters into the territory of the Republic of Korea in collusion with the supply volume of YABA (YAA), in which the Defendant’s name is unknown.

The volume of narcotics that the defendant was smuggling reaches a considerable scale.

The Defendant conspireded to supply and receive narcotics in Thailand, and then intended to enter the Republic of Korea to receive the visa by using the visa.

The nature, method, and degree of the crime of this case revealed in the contents, method, and degree of the crime of this case cannot be deemed to be mitigated.

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.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant committed the instant crime.

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

The above is the circumstances favorable to the defendant.

As above, comprehensively taking account of all the circumstances revealed in the records and arguments of this case, including the Defendant’s age, character and conduct, family environment, and circumstances after the crime, along with the factors favorable or unfavorable to the Defendant, it cannot be deemed that the sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

Defendant’s assertion cannot be accepted.

3. As the appeal by the defendant cannot be accepted, it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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