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(영문) 서울고등법원 2013.03.15 2012노3692
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a punishment of four years of imprisonment, confiscation, 36.3 million won) is too unreasonable.

2. The judgment of the court below is unreasonable in full view of the circumstances unfavorable to the defendant, such as the fact that the defendant led to confession and reflect on the crime of this case, the fact that the 61.3g of the philophone imported by the defendant was seized and not distributed, etc., which are favorable to the defendant, but the defendant imported philophones up to 101.3g in Korea over two times. The amount of the philophones imported by the defendant may cause new crimes, such as sale, medication, etc., to many people, and the social risks are very high, and the defendant has administered philophones over three times other than the above imported philophones over three times, taking into account all the sentencing conditions revealed in the argument of this case, such as the circumstances unfavorable to the defendant, and other age, character and conduct, and criminal background, etc. of the defendant.

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

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