logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.12.23 2020노425
마약류관리에관한법률위반(향정)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That it shall be for four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The instant crime committed by the Defendant in collusion with B and C imports phiphones, conceals illegal profits, and administers phiphones, the period and frequency of the crime, and the scale of the imported phiphones are reasonable.

In the crime of importing the instant phiphones, the Defendant had the leading role of procuring the phiphones in U.S. on the part of the U.S. and sending them to B and C as international express transmissions, and the nature of the crime is not weak.

It is not easy to detect narcotics crimes due to their characteristics, and there is a high need to punish them as crimes that have a serious adverse impact on society as a whole, such as avoiding human body and mind due to their decliability, toxicity, etc.

However, the Defendant recognized all of the crimes of this case and opposed to all of them.

Handphones imported by the defendant were not distributed in the market except accomplices.

The Defendant is an initial offender who has no criminal record.

The family members of the defendant and the surrounding people want to take the preference while leading the defendant, and the defendant shows strong will to stop narcotics and become a member of a sincere society.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and equity with the punishment against other accomplices, the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[The reasons for the judgment of multiple times] criminal facts and summary of evidence.

arrow