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(영문) 서울고등법원 2017.03.10 2016노3368
특정범죄가중처벌등에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The punishment sentenced by the court below (three years of imprisonment, confiscation) which is unfair in sentencing is too unreasonable.

2. The crime of this case is the case where the defendant purchased approximately 50.6 g of philophones in collusion with D and then imported a local mental medicine by concealing it.

The court below sentenced a sentence that is lower than the lower limit by exceeding the sentencing guidelines of the Supreme Court sentencing committee (4 years to 7 years), taking into account (i) the fact that the Defendant recognized the instant crime under favorable circumstances, and reflects his mistake, (ii) the fact that the Defendant’s smuggling was confiscated, and is not distributed at the time, (iii) the entire amount of the printed phone imported by the Defendant was seized, (iv) the Defendant actively cooperates in the arrest of accomplices, and (iv) the Defendant did not have any history of criminal punishment in the Republic of Korea, taking into account the following factors: (i) narcotics crimes are not easy to detect in light of their characteristics; (iv) the risk of recidivism is high; and (v) the negative impact of the society on the society is considerable due to the scoppy and toxicity of narcotics; and (v) the importation of scopphonephones is likely to cause the spread of narcotics and additional crimes.

The lower court’s sentencing seems to have been appropriately determined by fully taking into account the aforementioned various circumstances, and there was no change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial. However, it is even if the Defendant, a Chinese citizen, was committed the instant crime to resolve economic difficulties while living together with his family members, and the Defendant’s age, sex, environment, family relationship, motive for the crime, circumstances after the crime, and the sentence imposed in the first instance trial against D, all of the factors indicated in the instant argument, including: (a) the Defendant’s age, sex, sex, environment, family relationship, motive for the crime; and (b) the sentence imposed in the first instance trial against D.

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