logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.12.26 2013노3559
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (two years and six months of imprisonment and additional collection of KRW 7,500,000) shall be too unreasonable as to the gist of the grounds for appeal.

2. It is recognized that the circumstances such as the fact that the Defendant recognized the instant crime and reflects his mistake in depth, the fact that the Defendant appears to have much benefit from the instant crime, the fact that the Defendant appears to be forced to leave under the Immigration Control Act, and the fact that, if the Defendant is detained for a long time, the dependent in his home country would suffer from difficulties in living.

However, in this case, the defendant imported and traded 15 g of 15 g in total from five persons in return for money. In light of the significant harm and injury inflicted on society, the crime of this case is grave, and the quantity of the penphone imported and traded by the defendant is 15 g in total, and there are various sentencing conditions in the pleadings of this case, including the defendant's age, character and conduct, occupation and environment, and the sentencing range according to the sentencing guidelines. (1) The crimes of violation of the Act on the Control of Narcotics, etc. (f) by the import and export of each class of "the basic area" in the sentencing guidelines for narcotics crimes fall under the category 3 of "the basic area," and the sentencing range is 4 to 7 years in imprisonment, and 2 years in prison, 1 to 7 years in total, 2 years in prison, 1 to 4 years in total, and 17 years in total. (f) of the sentencing guidelines for narcotics crimes (f).

In full view of the fact that it is the lower limit of the applicable sentences under the law, the sentence imposed by the court below is too excessive.

arrow