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(영문) 대구고등법원 2020.06.11 2020노120
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and misunderstanding in depth, and actively cooperated in the instant investigation.

The amount of a penphone imported by the defendant is relatively less, and the substantial amount among them is not immediately seized and distributed at the import site.

There is no criminal record against the defendant who has been punished in the Republic of Korea and there is a family to support the birth country.

However, the crime of this case is not likely to be a crime because the defendant imported phiphones, administered twice again, and imported phiphones.

The defendant recommended to do so and administered philophones at the same time.

In the case of narcotics crimes, it is not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole, such as impairing national health or inducing other crimes.

In particular, in the case of the crime of smuggling of narcotics, it is necessary to strictly punish it in that it causes the proliferation of narcotics in Korea.

In addition, considering the various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, and the range of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below shall not be deemed appropriate and too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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