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(영문) 서울고등법원 2015.06.04 2015노1077
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment with prison labor ( seven years of imprisonment, confiscation and additional collection) of the first instance court shall be too unreasonable;

2. The crime of this case is a case where the defendant imports or purchases and possesses the bareboat, which is a narcotics, for profit-making purposes, for which the bareboat is determined by the blap citizens, to other flap workers in Korea, or sells it to other flap workers in Korea. The crime of this case is highly likely to have a serious adverse effect on society as a whole, such as an individual's body and mind, harm the public health, and causing another crime through the distribution of narcotics, etc., and the quantity of the imported narcotics is considerably high. In particular, the crime of this case is heavy in view of the fact that the blap water causes addiction to the consumers of the blap for profit-making purposes, and that the crime of taking enormous profits from the blap is very bad, and therefore, it is reasonable to punish the equivalent severe punishment.

However, the first instance court takes into account the following facts: (a) the Defendant made confessions of all the crimes of this case and reflects the fact that the Defendant does not have any criminal records in the Republic of Korea; and (b) the Defendant made discretionary mitigation by taking into account various factors of sentencing, including the Defendant’s age, character and conduct, criminal records, occupation and environment, etc.; and (c) the scope of the recommended sentence according to the sentencing guidelines; and (d) the crime of violation of the Act on the Control of Narcotics, etc. (f) the Act on the Control of Narcotics, etc. (f) the import and export of narcotics crimes; (e) the crime of violation of the Act on the Control of Narcotics, etc. (f) the purpose of profit-making or habitual crimes, such as the manufacture, etc. of narcotics crimes; and (e) the scope of the recommended sentence shall be seven to eleven years; and (e) the crime of violation of

Items c) and c.

Since it falls under the basic area, the scope of the recommendation sentence is one to two years of imprisonment, and the scope of the final recommendation according to the standards for processing multiple crimes is 7 to 12 years of imprisonment.

set forth below the lowest limit;

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