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(영문) 서울고등법원 2015.10.01 2015노2097
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor (two years and six months and confiscation) of the first instance court on the gist of the reasons for appeal is too unreasonable;

2. Considering the fact that narcotics crimes, such as the instant crime, are not easy to detect due to their characteristics, and that the risk of recidivism is high, as well as negative impacts on society as a whole, and that the importation of phiphonephones is likely to cause spread of narcotics and additional crimes therefrom, and that the crime is very severe than that of simple medication, it is necessary to strictly punish the Defendant.

However, the first instance court determined that the Defendant was sentenced to the Defendant for a period of two years and six years according to the sentencing guidelines (two years and seven years of imprisonment) by comprehensively taking into account various sentencing conditions, including the fact that the Defendant recognized the instant crime and reflected in depth, that the amount of penphones imported by the Defendant was relatively large, that the Defendant was seized and distributed the entire amount of penphones imported by the Defendant, or that the Defendant did not administer them, and that the Defendant had no record of punishment for narcotics-related crimes in the Republic of Korea before the instant crime was committed, and that he was sentenced to the Defendant for a period of less than two years and six months of imprisonment according to the sentencing guidelines (two years and six years of imprisonment). In light of all the sentencing reasons and the sentencing process of the first instance court judgment, considering all the sentencing data in the records of the instant case, it is deemed that the sentence imposed by the first instance court was the most minor within the scope of the punishment, and thus, it is deemed that such sentencing was inappropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. If so, 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.

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