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(영문) 서울고등법원 2017.05.17 2017노412
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable (three years and six months of imprisonment).

2. The Defendant actively cooperates with the investigative agency in the investigation, and is against all of the instant crimes in the trial.

The Defendant’s philopon imported on August 10, 2016 was entirely seized and distributed in the market.

The defendant has a disease, such as a compromise, etc.

These circumstances are favorable to the defendant.

However, the crime of this case is committed two times by the defendant importing a considerable amount of philophones and administering some of them. The importation of philophones is disadvantageous in light of the spread of narcotics and the possibility of additional crimes resulting therefrom.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the defendant's age, sex, state of health, environment, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed on the ground that it is not reasonable.

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