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(영문) 대구고등법원 2020.05.07 2020노52
마약류관리에관한법률위반(향정)방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. When the Defendant was in a trial, the Defendant recognized all of the instant crimes and repented in depth.

In the case of a crime of importing phiphonephones, the defendant is not much likely to participate in aiding and abetting activities.

There is a family member to support the defendant.

The defendant has no record of criminal punishment in the Republic of Korea.

However, it is not easy to detect narcotics crimes due to their characteristics, and there is a significant negative impact on society as a whole, such as impairing the public health or inducing other crimes.

In particular, it is necessary to strictly punish the crime of smuggling in that it causes the proliferation of narcotics in Korea.

The defendant has aided and abetted the importation of penphones on two occasions, and the total transfer of penphones which aided and abetted the importation is 180g.

The Defendant purchased and administered philophones separately.

In addition, comprehensively taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments in this case, it cannot be deemed that the sentence imposed by the court below is too appropriate and too unreasonable.

3. As such, 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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