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(영문) 서울고등법원 2015.07.09 2015노1443
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not liable as a co-principal because he did not have conspired with F with regard to the No. 1 crime as stated in the judgment of the court below, and merely aided and abetted F to commit the crime.

In addition, there is no fact that the defendant conspiredd with F or D with regard to the second crime in the judgment of the court below.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the mistake of facts or misapprehension of legal principles, the Defendant asserted the same purport as the grounds for appeal in this part of the judgment below.

The court below rejected the defendant's assertion that the defendant committed the crime of this case with F, D, etc. on the ground that it is reasonable to view that the defendant committed the crime of this case through functional control with intent to jointly process with F, D, etc. on the whole of each of the crimes of this case under the title of "the judgment on the defendant's and his defense counsel's assertion", and that the defendant committed the crime of this case with F, D, etc.

In full view of the evidence duly admitted and examined by the court below, the above determination by the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion

Therefore, this part of the defendant's argument is without merit.

B. As to the issue of unfair sentencing, the Defendant has no record of being punished for the same kind of crime.

The Defendant’s imported penphone in collusion with F, etc. was seized from G that received by the Defendant, and thus was not distributed in the market.

However, each of the crimes of this case is very bad for the defendant to import a large quantity of filterphones from Cambodia in collusion with F, etc., and to receive and deliver them to a third party in the Republic of Korea.

The crimes of narcotics, etc., such as the physical body and mind of an individual, harm the public health, and harm narcotics.

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