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(영문) 서울고등법원 (춘천) 2013.10.23 2013노156
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, four years of suspended execution, probation, 120 hours of community service order, 40 hours of lecture attendance order) is too unreasonable;

2. The judgment of the court below reflects the defendant's mistake while deeply divided about the crime of this case, and there is no record of criminal punishment for the same crime. However, the crime of this case is attempted by the defendant to bring a psychotropic drug, into the Republic of Korea, and the defendant purchased a phiphone in Thailand and administered it by himself. The amount of the phiphone handled by the defendant is not large, the act of the phiphone is very serious criminal that threatens the public's health or social safety, and other sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., are considered appropriate and it cannot be deemed unfair since it is inappropriate to accept the defendant's assertion.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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