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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment and nine hundred thousand won of additional collection) is too unreasonable.
2. The Defendant appears to have committed the instant crime in mind and committed the instant crime in depth.
In addition, the Defendant, as a so-called shipbuilding unit, supports a denial of the Republic of Korea’s income earned from labor activities in the Republic of Korea to China, and if the lower court’s punishment is finalized as is, it becomes subject to compulsory expulsion under the Immigration Control Act (Article 46(1)13 of the Immigration Control Act). In addition, the Defendant entered the Republic of Korea around July 2010 and has no record of criminal punishment until now, etc. should be considered favorable to the Defendant in the course of the determination of the sentence against the instant crime.
However, the crime of this case is deemed to have been administered nine times from September 2013 to June 2015 by the Defendant, along with other shipbuilding satisfaction fees. The punishment for the illegality of the act is not less than that of the Plaintiff.
In addition, the medication of narcotics is not only to avoid the body and mind of an individual due to their cryptism, toxicity, and radio wave, but also to harm the safety of society and to induce relevant crimes, so it is highly likely to cause severe social harm and injury, so it is necessary to severely punish them.
Furthermore, the aforementioned favorable circumstances appear to have already been fully reflected in the lower court’s sentencing judgment, and in full view of the various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of the sentencing guidelines applicable to the instant crime (one month to three years), and the criteria for suspension of execution (which do not fall under the area of recommendation or suspension of execution) as a whole, the lower court’s sentencing is too unreasonable.
Therefore, the defendant's ground of appeal is justified.