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(영문) 서울고등법원 2013.11.21 2013노2699
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main text of the grounds for appeal is that each sentence of the lower court (five years of imprisonment with prison labor for Defendant A, Defendant B, and Defendant C, four years of imprisonment) is too unreasonable.

2. Determination:

A. It is recognized that Defendant A’s prosecutorial investigation acknowledged the gist of the instant crime; the Defendant’s considerable portion of the front bar that was sealed by the instant crime is not distributed domestically; and the Defendant’s act of having no record of criminal punishment except for a summary order of KRW 700,000,000,000, which was notified of an injury by the Seoul Central District Court on March 30, 2010.

However, since philopon components that the Defendant was pushedly imported as the instant crime include philopon components, their toxicity and social harm seems not to be small, and the volume of the blopon imported is not a large amount of 1,800 (7.50,000 won). The Defendant raised funds to purchase balopane and let B and C purchase balopane and import balp from her Thailand to her Thailand, and let them keep them in custody, and the important decision-making in the instant crime was committed by himself. While the Defendant recognized the summary of the instant crime that is hard to deny by clear evidence, it is difficult to view that the remaining unfavorable facts, such as the motive for the instant crime, are seriously against the instant crime in light of the circumstances such as where the Defendant did not disclose the truth of the instant crime, it constitutes “the Defendant’s primary responsibility for the instant crime,” and the Defendant’s recommendation to punish the Defendant’s age, character, and behavior, and sentencing among the sentencing guidelines in the instant case.”

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