(영문) 서울고등법원 2017.12.14 2017노3163 | 리걸엔진

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(영문) 서울고등법원 2017.12.14 2017노3163

특정범죄가중처벌등에관한법률위반(향정)

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (7 years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court determined that: (a) considering the fact that the crime of narcotics is not easy to detect in light of its characteristics and is highly likely to pose a negative impact on the society as a whole due to the decliability, toxicity, etc. of the crime; (b) the import of phiphonephones is highly likely to cause the spread of narcotics and the additional crime therefrom; (c) the transfer of phiphonephones imported by the Defendant is substantial; and (d) the Defendant imports phiphones from the purpose of distributing them in the Republic of Korea, the lower court rendered a sentence by taking into account the circumstances favorable to: (i) the Defendant’s confession of the crime of this case is against the Defendant; (i) there is no record of criminal punishment in the Republic of Korea; and (ii) there is no record of criminal punishment prior to

In full view of such circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the lower court’s sentencing judgment exceeded the reasonable bounds of discretion, in full view of all the following factors: (a) the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no change in sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is.

Therefore, since the sentence of the court below is too heavy or it cannot be deemed unfair because it is too heavy, it does not accept all the unfair arguments of the sentencing of the defendant and the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit

유사 판례

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