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(영문) 서울고등법원 2018.03.22 2017노3203
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant: The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Judgment

Along with the fact that the instant narcotics were confiscated in a large quantity and are not distributed during the time, the Defendant has cooperated with the investigation by stating accomplices related to the instant crime to an investigative agency at latest, and that there was no record of the same kind of crime related to narcotics, etc. are favorable to the Defendant.

However, narcotics-related crimes are highly likely to be criticized because they may cause harm to the health of the people or cause another crime due to their sacrificing, toxicity, etc., and thus, are highly likely to cause severe social harm. In particular, narcotics import is likely to cause additional crimes due to the spread of narcotics and the possibility of criticism, and even if they were repeated crimes, when considering the fact that they were committed during the period of repeated crimes, criminal punishment corresponding to the liability of the crime is inevitable for the defendant.

In addition, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and environment, and the motive, means and consequence of the crime, the lower court’s sentence is not likely to determine a lower sentence by sentencing the lower court to the Defendant within the scope of the sentencing range that has already reduced the amount of a small amount. Thus, the lower court’s sentencing is too unreasonable

Therefore, the defendant's argument of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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