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(영문) 서울고등법원 2018.02.08 2017노2742
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (a prison term of four years, confiscation, and collection) is too unreasonable.

2. Circumstances favorable to the determination: The sentence that the court below made on the basis of the records and changes of the defendant's age, intelligence environment, motive and consequence of the crime, and the sentencing guidelines of the Supreme Court, including the above circumstances, is not recognized to be unfair because of the following: the whole quantity of self-defluences and imported phiphones are seized and not distributed on the market; the negative impacts of the narcotics crime and the risk of circulation in the case of import of phiphonephones are very high; the imported phiphonephones have the record of being subject to suspended sentence for the same kind of crime; the defendant's character and character, intelligence environment, motive and means of the crime; the motive and consequence of the crime; and the sentencing guidelines of the Sentencing Committee, such as the circumstances after the crime, are considered to be unfair.

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

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, it is decided as follows: (a) adding “(No. 1)” to “(No. 80.34 grams)” in Article 2 of the Regulation on Criminal Procedure No. 9 of the judgment of the court below.

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