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(영문) 서울고등법원 2014.09.19 2014노1776
마약류관리에관한법률위반(향정)
Text

The judgment below

Part of the Judgment Nos. 1 and 2-b, and multi-crimes shall be reversed.

Articles 1 and 2-2 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five years of imprisonment with prison labor for crimes Nos. 1 and 2, three years of multi-crimes, and fines of 3,00,000, additional collection of 11,350,000) is too unreasonable.

2. Determination

A. Articles 1 and 2-B of the judgment of the court below, the crime of this part of the defendant with multiple crimes is involved in the import of a large quantity of penphones up to 74 g in total on four occasions, and other penphones are given, received, and administered once, and the contents and quality of the crime are very significant. The defendant has been punished for the suspension of the execution of imprisonment due to the purchase, receipt, and administration of penphones before, and the crime of this part is committed during the period of the suspension of the execution of the above execution of the crime. The crime related to narcotics is committed during the suspension of the execution of the above execution of the crime, and the crime related to narcotics is committed with heavy and dangerous effects on the individuals as well as the society as a whole due to its toxicity, so it is inevitable to punish

However, even though the defendant denies the criminal act of importing phiphones due to the fear of punishment in the court below, it is divided in the first instance trial, and sought use while all the criminal acts are committed, the defendant himself/herself and his/her family members as well as his/her members are trying to prevent recidivism. The scope of dissemination of phiphones imported by the defendant seems to have been limited only among the nearest persons, such as E, who are the defendant and his/her accomplice, and the defendant bears the responsibility to support the parents and children of old age, and taking into account all of the sentencing conditions, such as age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, means and method of the crime, etc., the defendant's assertion in this part is justified.

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