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(영문) 서울고등법원 2015.06.04 2015노757
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the lower court (three years of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The crime of this case was planned by the Defendant to import a large quantity of new-type narcotics in Japan and distribute them in the Republic of Korea, and possessed 503g psychotropic drugs by smuggling, and sold or delivered them over eight times by possessing temporary psychotropic drugs with specific notification from accomplices to recognize that they were illegal narcotics (the purchaser was a student at the time of the second grade of the middle school). In addition, the act of importing and trading temporary psychotropic drugs was very poor in terms of the nature of the crime by inhaleing temporary psychotropic drugs on two occasions, and in particular, there is a high risk of undermining the health and social safety of the people, so the punishment is required for severe punishment, as well as the application process thereof, and the Defendant led each of the crimes of this case, etc., which are disadvantageous to the Defendant.

However, prior to the recognition of each of the crimes of this case by the Defendant, the Defendant was faced with uneasiness and criminal psychotropic drugs that had been imported or received without committing the crime, and carried with the police patrol team, and voluntarily surrenders himself to the investigation agency by clarifying that he was in possession of narcotics while boarding the police patrol team; the Defendant did not have been subject to criminal punishment for the last 20 years; the Defendant did not have any record of criminal punishment for the crime related to narcotics; the Defendant recognized the facts of each of the crimes of this case from the investigative agency to replace the facts of each of the crimes of this case; the Defendant recognized that there was no record of criminal punishment for the last 20 years; and all of the crimes were committed during the trial; the Defendant was divided into the crimes; and the Defendant did not manufacture the psychotropic drugs imported by the Defendant as boom-PP, and similar body. Accordingly, the Defendant was not manufactured.

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