beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Considering that the Defendant did not actively participate in the instant crime and led to the confession of the instant crime, the sentence of imprisonment (ten years of imprisonment) by the lower court is too unreasonable.
B. Considering that the nature of the instant crime committed by the prosecutor is very serious, and the need for strict punishment for the smuggling import of narcotics, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant, who denied the instant crime during the investigation process, led to the confession in the lower court’s court; (b) the Defendant had no criminal record of the same kind; and (c) the Defendant’s phiphones were seized, and the phiphones are not distributed in Korea.
On the other hand, the Defendant’s act of importing clophones is planned and organized, and the volume of clophones imported is 5.972 kilograms with the market price of 1.8 billion won and about 1.80 million won with the market price of 5.972 kilograms, so even if the Defendant imported clophones for simple transit in the process of importing clophones into Japan, the crime of this case is very serious, and even if the Defendant imported clophones for the purpose of simple transit in the process of importing clophones into Japan, it is disadvantageous to the Defendant.
Considering such circumstances and other various conditions of sentencing as stipulated in Article 51 of the Criminal Act, and sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it does not seem that the sentence of the court below is too heavy or unobcied, thereby exceeding the discretion of sentencing.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.