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(영문) 서울고등법원 2019.01.10 2018노2737
특정범죄가중처벌등에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unreasonable as the sentence imposed by the court below (seven years of imprisonment and confiscation) is too unreasonable.

2. The Defendant consistently followed his criminal act from the date of arrest to the date of this court.

The defendant seems to have been merely responsible for the transportation of narcotics.

All the narcotics imported by Defendant were confiscated and not distributed actually.

The above is the circumstances favorable to the defendant.

On the other hand, in order to protect the society and its members from narcotics crimes that have recently been rapidly expanded internationally and systematically, it is necessary to strictly cope with the import of narcotics, such as the instant crimes.

The Defendant imported 1.9km in a size close to KRW 100,000 when converting it into a huge quantity exceeding 1.9km and the market price.

The circumstances in which the defendant seems to have destroyed some evidence immediately after the crime, such as deletion of the contents of conversations with other assistant staff and cellular phone, are also shown in the records of this case.

The above is the circumstances unfavorable to the defendant.

In addition, comprehensively considering all factors of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means, and consequence of the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

The above argument by the defendant cannot be accepted.

3. As the defendant's appeal cannot be accepted, it shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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