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(영문) 서울고등법원 2019.08.29 2019노1074
특정범죄가중처벌등에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unreasonable because the sentence imposed by the court below (seven years of imprisonment) is too unreasonable.

2. In order to protect society and its members from narcotics crimes that have recently been rapidly expanded internationally and systematically, there is a great need to strictly cope with the import activities of narcotics, such as the instant crime.

The Defendant, in collusion with the staff of narcotics sales in Malaysia, used a method of hiding a shotphone, which divided into 20 plastic bags into 20 plastic bags, and concealed a shotphone on both sides on each bridge.

As such, the volume of sealed philophones reaches about 4,190.59 g (on the market price of approximately 29.5 million).

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant led to the confession of the instant crime and the reflective light.

The whole amount of the penphone imported by the defendant was seized and not distributed actually.

The defendant seems to have participated in the crime of this case at the proposal of co-defendant B, etc. of the court below.

The above is the circumstances favorable to the defendant.

As above, comprehensively taking account of various circumstances shown in the records and arguments of this case, including the Defendant’s age, character and conduct, family environment, and circumstances after the crime, together with the factors favorable or unfavorable to the Defendant, the sentence imposed by the lower court (seven years of imprisonment) cannot be deemed to be excessively unreasonable.

Defendant’s assertion is not accepted.

3. As the appeal by the defendant cannot be accepted, it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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