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(영문) 서울고등법원 2016.03.24 2015노3014
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (a prison term of three years and six months and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is that the defendant imported Metephop (prophopopopopopopopopopopopopopopopopopopopopopic) from China, and narcotics crime is not easy to detect in its nature, but is likely to have a significant negative impact on society as a whole, and it is likely to cause additional crimes due to the spread of narcotics and its addition, which is more serious than the crime caused by simple medication, and the defendant's imported Meopopopopopopopicopopopopopic amount to approximately 9.93g, etc., it is necessary to punish the defendant with strict punishment corresponding to the crime liability.

However, the lower court rendered a sentence lower than the lower limit of the sentencing criteria for the sentencing guidelines, taking into account the following factors: (a) the confession and reflect of the Defendant’s crime; (b) the seizure of phiphones imported by the Defendant, the fact that the Defendant did not have any record of criminal punishment; and (c) the fact that there was no record of criminal punishment against the Defendant; and (d) other factors of sentencing, including the character, conduct, environment, etc.

When the sentencing of the lower judgment is fully taken into account, it cannot be deemed that the sentence of the lower court is too excessive and unfair.

Therefore, the defendant does not accept the defendant's unfair argument.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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