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(영문) 대구고등법원 2020.12.24 2020노417
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment defendant recognized the crime of this case as well as his depth, and actively cooperated in the investigation.

The whole amount of narcotics imported by a defendant's aiding and abetting act shall not be seized and distributed, and there is no criminal conviction against the defendant.

The defendant purchased narcotics, etc. for the purpose of medication by himself, and it seems that he did not intend to sell them again.

Even if the defendant think about some children, he would not again stop the crime of narcotics.

These circumstances are favorable to the defendant.

However, in this case, the defendant lent funds to use X-si and Kenya to prevent narcotics and aids and abets the smuggling of narcotics and purchased X-si or Kenya over four occasions, and the nature of the crime is bad, and the possibility of criticism is high.

Narcotics crimes are not easy to detect and are highly likely to repeat crimes, but are highly harmful to society as a whole, such as harm to national health.

In particular, in that the crime of smuggling of narcotics may bring about the proliferation of narcotics in Korea, it is necessary to strictly punish the crime aiding and abetting the crime by lending the funds for smuggling of narcotics.

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 scope of recommended sentences according to the sentencing guidelines, it cannot be deemed that the sentence imposed by the court below is 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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