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(영문) 대구고등법원 2019.11.28 2019노482
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 5 years of imprisonment and additional collection, defendant B, C, and E respectively, 1 year of imprisonment and additional collection) declared by the court below is too unreasonable.

2. The defendants recognized the crime of this case and against the mistake, and there is no record of crime in Korea.

Defendant

A actively cooperates in the investigation, was detained during the pregnancy, and it was a reason to consider the fact that the family members of the defendant A and E want to be the wife of the above defendants.

However, despite the fact that Defendant A had been punished for a crime of narcotics in Thailand, Defendant A imported 50 g of merspopon (hereinafter “philopon”), sold philopon eight times, and administered philopon.

Defendant

B sold philophones once, administered twice, and smoked marijuana.

Defendant

C even though there has been a dose of philophones in Thailand, it purchased another philophones and administered them three times.

Defendant

E purchased philophones over two occasions and administered them four times.

There are many amounts and times the Defendants imported and sold philophones or administered them.

The crime related to narcotics is highly likely to have a negative impact on not only the individuals concerned but also the society, due to their halluity and toxicity, and there is a high possibility that additional crimes may be caused thereby.

In particular, the crime of import of unused drugs is not easy for customs control to spread narcotics, and the crime of sale of narcotics is very serious crime that is likely to adversely affect the whole society, since it brings other persons into the crime of narcotics.

In addition, Defendant A, C, and E were illegally staying in Korea after the period of stay.

Other circumstances revealed in the records and arguments of this case, such as the age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the circumstances after the crime, and recommended punishment according to the sentencing guidelines.

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