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(영문) 서울고등법원 2018.03.28 2017노2830
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (a punishment of imprisonment of three years, a suspended sentence of five years, a community service order of 160 hours, an order to attend a pharmacologic course of 80 hours, an additional collection of 90,00 won and a provisional payment order of the Defendants is too unreasonable. Defendant B’s imprisonment of three years, a suspended sentence of five years, a community service order of 160 hours, an order to attend a pharmacologic course of 80 hours, confiscation, an additional collection of 60,000 won and a provisional payment order) is too unreasonable.

2. The Defendants are against the judgment that led to the confession of the instant crime, and the X-gu, Kenya, and nitro-gu, imported by the Defendants, were entirely seized and not distributed.

Defendant

A has no record of being sentenced to a fine or punishment for the same crime, and Defendant B has no record of criminal offense.

However, the Defendants, however, have been administered several times, and imported a lot of quantity.

In the case of narcotics-related crimes, it is not easy to detect them in terms of their characteristics, and there is a high risk of recidivism, and there is a high negative impact on the society as a whole due to decentralization, toxicity, etc.

In particular, since the importation of a local mental medicine is highly likely to cause the spread of narcotics and additional crimes resulting therefrom, it is necessary to punish and improve the corresponding punishment.

In full view of such circumstances and the Defendants’ age, sex, occupation, environment, family relationship, motive and method of the instant crime, and circumstances after the instant crime, etc., it is difficult to view that the lower court’s punishment is too unreasonable as it is too unreasonable.

3. As such, the Defendants’ appeal is dismissed on the ground that it is without merit.

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