(영문) 부산고등법원 2019.10.24 2019노399 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2019.10.24 2019노399

특정범죄가중처벌등에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment with prison labor for a maximum of six years, a short of four years) is too unreasonable.

2. The lower court rendered a sentence in favor of the Defendant, taking into account the following circumstances: (a) the crime related to narcotics is not easy to detect due to its characteristics, and the risk of recidivism is high; (b) the importation of narcotics, etc. is highly likely to cause the spread of narcotics and its additional crimes; and (c) the importation of narcotics, etc. requires strict punishment; (d) the total market value of 59,183,000,000,000,000,000, which are imported by the Defendant, is disadvantageous to the Defendant; (b) the Defendant is recognized as committing the crime; (c) the Defendant is not against the Defendant; (d) the Defendant was seized to, or was not actually used or distributed to, an investigative agency; and (d) the Defendant was not planned and implemented by, the Defendant is not the Defendant who led the instant crime; and (e) the Defendant is likely to establish a proper sense of values through future edification and return to society as members.

In light of the circumstances such as the fact that the defendant had previously experienced in connection with the Mepta transaction in Thailand and anticipated to distribute them in the Republic of Korea, brought a large volume of psychotropic drugs into the Republic of Korea, and the fact that the defendant's imported Meptacopon component is known to be highly toxic or harmful compared to other narcotics, even though considering the fact that the defendant has a family member who will support the Thailand as a juvenile of 18 years old, and that there was no past record of criminal punishment in the Republic of Korea, the sentence imposed by the court below is too unreasonable compared to the degree of the defendant's responsibility, so the defendant's assertion is without merit.

3. Conclusion.

유사 판례

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