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(영문) 부산고등법원 2016.03.16 2015노711
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendant confessions all the crimes of this case and reflects the depth of the Defendant; (b) all of the phiphones imported by the Defendant are seized and not distributed domestically; (c) the Defendant has no record of committing the same kind of crime; and (d) the Defendant’s health condition is not good; and (c) the Defendant’s minor’s children have to provide support; (b) the crime of smuggling importing narcotics is likely to harm the health and social security of the people; (c) the Defendant’s phiphones imported by the Defendant are highly likely to harm the health and social security of the people; (d) the Defendant’s phiphones are more toxic or harmful than other narcotics; (e) the volume of the phiphones imported by the Defendant is more than 9.92g, the volume of the phiphones imported by the Defendant is more than 330 persons. In the court below’s judgment, taking full account of the circumstances favorable to the Defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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