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(영문) 서울고등법원 2020.08.20 2020노840
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, confiscation) that the court below sentenced is too unreasonable.

2. The Defendant recognized the instant crime, thereby committing a mistake.

The Defendant received, upon B’s request, an international postal item concealed phiphones on behalf of the Defendant, and appears not to actively participate in importing phiphones into the Republic of Korea. There is no circumstance to deem that the Defendant obtained or intended to obtain economic benefits in return for the instant crime.

The Defendant’s secret imported philophones were seized and not distributed in the market, and after being arrested to the investigation agency, actively cooperated in the investigation of narcotics by providing information on the contents of conversation with B recorded in the cell phone while making a detailed statement of the developments and facts leading to the instant crime and providing them with information on B.

The defendant is only sentenced to a suspended sentence of imprisonment due to a violation of the Road Traffic Act in 2000, and there is no same criminal records or other criminal records.

The defendant supports his children, and the family and branch members of the defendant appeal their wife.

Such circumstances are favorable to the defendant.

However, it is necessary to strictly punish narcotics crimes as well as the body and mind of an individual due to their decracy and toxicity, and to harm the public health and to have a negative impact on society as a whole.

The defendant agreed to receive and actually received the postal item with knowledge of being philophones in international postal items, and if the volume of the philophones imported is based on the 107.84g 107.84g 1, a large amount of 2,157 medication (Evidence Records 138), and if the defendant delivered it to B and distributed it in the Republic of Korea, it was very likely to spread philophones.

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