logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.03.15 2012노4426
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (the confiscation of 2 years and six months of imprisonment, 30.4g philophones, 100,000 additional collection) is too unreasonable.

Judgment

The circumstances favorable to the defendant are as follows: (a) there was no criminal record before the crime of this case was committed; and (b) there was no penphone, which the defendant has been closely imported, but has been distributed during the time of arrest.

However, the crime of this case is deemed to have been administered by the Defendant and entered the Republic of Korea by carrying a large quantity of phiphones, and thus, there was a possibility that a large amount of phiphones imported by the Defendant might cause serious social harm because of the circulation of phiphones in the market; the necessity of strict punishment for narcotics crimes in a social defense level; the punishment imposed by the lower court against the Defendant is the lowest punishment; the circumstances and motive leading up to the crime of this case; the circumstances leading up to the crime of this case; the circumstances leading up to the crime of this case; the Defendant’s age, character and conduct, family relationship, occupation, etc.; and all other circumstances leading to the sentencing conditions as shown in the oral proceedings such as records and arguments, even if considering the circumstances in which the Defendant asserted in the trial, the sentence of the lower court is too unreasonable.

Therefore, Defendant’s ground of appeal cannot be accepted.

Therefore, 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.

arrow