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(영문) 서울고등법원 2017.09.14 2017노2289
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (a three-year imprisonment, confiscation and collection) on the gist of the grounds of appeal is unreasonable as it is excessively unreasonable compared to the extent of the Defendant’s responsibility.

2. The judgment below, while considering the fact that the crime of narcotics has a significant negative impact on society as a whole, the fact that the defendant had imported a large quantity, etc., while considering the circumstances unfavorable to the defendant, reduced the statutory punishment by taking into account the circumstances favorable to the defendant, such as the confession and depth of the crime, and the fact that there is no particular record of the crime that has been punished in Korea, etc., and then sentenced a minor punishment more than the lowest limit of the recommended sentencing range according to the sentencing guidelines of the Supreme Court. The judgment below cannot be deemed to be unfair because the sentencing of the court below is so large that it goes beyond the reasonable scope of discretion, and there is no obvious change in the sentencing condition that can correct the judgment of the court below in the trial, the defendant's assertion cannot

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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