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(영문) 서울고등법원 2016.06.10 2016노534
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized Handphones 111g(s)(s) consumed for appraisal 0.0

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 determination of narcotics crimes are not easy to detect in their characteristics, and they have a significant negative impact on the soundness of the community or on the health of its members.

In particular, the smuggling import of narcotics is likely to cause the domestic spread of narcotics and the occurrence of additional crimes resulting therefrom, so it is necessary to punish narcotics more strictly than the simple medication.

The defendant imported 111g philophones by committing the crime of this case, and the amount of the crime is heavy.

However, the Defendant was involved in the instant crime according to D’s instructions, and did not lead the import of phiphones, and the instant crime was committed only once, and all of the imported phiphones were seized and not distributed.

The defendant does not seem to have any other criminal history except for a minor fine and one case, and does not seem to be related to other narcotics crimes such as administration or sale of phiphones.

In addition, the confession of the crime of this case, the depth is against their age, and the age is not yet high.

As family members are leading, the risk of recidivism does not seem to be relatively high.

In addition, in addition, considering the favorable circumstances, such as the fact that the defendant's life in a difficult environment where the defendant's care was lost and has experienced economic difficulties due to traffic accidents, and there are some other circumstances to be taken into account in the course of committing the instant crime, the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, the defendant's situation after the crime, like the defendant's instructions, was sentenced to imprisonment for 3 years and 6 months to F, which was sentenced to imprisonment with prison labor for 3 years and 6 months, where the defendant pusheds down 292 g in total and delivers some of them to a third party according to D's instruction, and it was sentenced to imprisonment with prison labor for 3 years and 6 months at the first instance court.

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