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(영문) 서울고등법원 2015.02.05 2014노3098
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The act of importing narcotics is highly likely to harm the health and social safety of the people. In particular, in the case of phiphonephones, toxic or harmful effects are higher than those of other narcotics. When the Defendant was under control, he wanting to go to the toilet and actively attempted to destroy evidence by dumping phiphones possessed by the control official after deceiving the control official.

However, the fact that the defendant recognizes all of the crimes of this case, the fact that the defendant is against himself, the fact that the smuggling was seized or discarded and did not distribute in Korea, and the frequency of medication was only one time, the defendant has no previous conviction sentenced to imprisonment without prison labor or heavier punishment, and the defendant is considered to have been unable to block the same kind of crime in Korea in the future.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, means and method of the crime, circumstances before and after the crime, etc., various sentencing conditions as shown in the instant pleadings, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair. Therefore, the Prosecutor’s assertion

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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