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(영문) 서울고등법원 2015.11.20 2015노2571
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

The Defendant made a confession of all the crimes of this case, and is in depth repenting the mistake.

Defendant has no record of criminal punishment except for a criminal record before judgment.

It seems that the amount of penphone imported by the defendant is relatively small and imported for personal use.

In addition, the crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with regard to the crime of violation of the Narcotics Control Act in the judgment that became final and conclusive, and the relationship of concurrent crimes under Article 39(1) of the Criminal Act should be considered

As the defendant supports the old parents, his wife and two children, it is relatively clear that the social ties are relatively clear, such as the defendant's family members are leading the defendant.

However, the crime of this case committed by the defendant is likely to have a serious adverse effect on society as a whole, such as importing phiphonephones and administering them, and the crime related to narcotics is likely to avoid the body and mind of an individual, harm the public health, and cause another crime due to the circulation of narcotics.

Furthermore, the Defendant committed the instant crime of importing phiphones under the same veterinary method in addition, even though he/she was indicted on April 9, 2015 due to the suspicion of importing phiphones around November 2014, and was under trial on April 9, 2015. The Defendant committed the instant crime of importing phiphones under the same veterinary method. The Defendant committed the instant crime of administering phiphones on the new wall on June 5, 2015, which is the sentencing date of the said judgment.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and result of the crime, various sentencing conditions as shown in the pleadings, such as the circumstances after the crime, etc., the sentence of the lower court cannot be deemed unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered.

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