(영문) 부산고등법원 2014.06.25 2014노178 | 리걸엔진

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(영문) 부산고등법원 2014.06.25 2014노178

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (two years and six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the Defendant include: (a) there is no record of committing the instant crime; (b) there is no history of committing the instant crime against the Defendant; (c) the amount of opon imported on October 10, 2013 is relatively small; and (d) the opon imported on November 1, 2013 was seized and distributed domestically; and (c) the Defendant appears to have committed each instant crime under the circumstances of Korea as North Korean defectors who returned from March 18, 2012; (d) the fact that the Defendant appears to have led to each of the instant crimes under the conditions of Korea; (e) the features of the opon with poor body, the wife under the influence of the opon; and (e) the fact that the opon imported on October 10, 2013, and

However, each of the crimes of this case was committed on the one hand by importing a large quantity of phiphones and administering them, and in particular, the nature of the crime is heavy. In particular, the act of importing narcotics is highly likely to harm the health and social safety of the people, and in the case of phiphonephones, toxic or harmful effects are higher than other narcotics, and the defendant was sentenced to imprisonment with prison labor for one year and six months, suspension of execution three years, and the judgment was confirmed on January 3, 2013, and is still under suspension of execution. Considering all of the sentencing conditions of the defendant in this case, such as the defendant's age, character, environment, motive and means of the crime, result of the crime, and the result of the sentencing guidelines of the Sentencing Commission, it cannot be deemed that the court below's sentencing is unfair compared to the punishment of the defendant, even if the defendant goes through normal mitigation of punishment.

Therefore, the defendant's assertion is without merit.

3. If so, the defendant's appeal is reasonable.

참조조문

-폭력행위 등 처벌에 관한 법률

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