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(영문) 서울고등법원 2014.05.30 2014노856
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (six years of imprisonment and confiscation) by the lower court against the accused in the summary of the grounds for appeal is too unreasonable;

2. The judgment is that the defendant recognized the crime of this case as well as his mistake in depth, and the defendant's wife and young children enter the Republic of Korea through Mesofter E (hereinafter "Mesophopon") with economic difficulties due to its economic difficulties while illegally staying in China, and it seems that he was not in the position to receive the payment, and that he was not in the position to receive the profit from the distribution of Mephopon. The crime of this case is all seized and not distributed domestically, and the act of this case was not distributed domestically. The defendant's wife and young children enter the Republic of Korea by making a report of illegal aliens to the Chinese authorities and received the investigation, and the defendant's wife and young children are waiting for a prompt meeting with the defendant in China, etc. are favorable or considering the circumstances.

However, narcotics-related crimes are crimes that have a serious adverse effect on the community as well as the physical and mental health of individuals. It is necessary to eradicate them entirely humanally. Since the defendant has already been sentenced two times or more due to the administration of phiphones, he was well aware of the harm of phiphones. Nevertheless, he was involved in importing a large quantity of 23,000 phiphones which can be administered once, and even before the importation of phiphones in this case, he sent the goods sent to "G (GL)" through the above E at least three times with the same number of laws as the crime in this case even before the importation of phiphones in this case. (Evidence records, 65, 85, 134, 461), and the sentencing guidelines set forth by the sentencing guidelines set by the sentencing committee.

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