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(영문) 서울고등법원 2020.10.15 2020노834
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of seven years, confiscation, confiscation, 61,580,000 won) imposed by the lower court is too unreasonable.

2. The lower court: (a) took into account the following circumstances: (b) the fact that the Defendant is aware of and against the instant crime; (c) the Defendant has no record of criminal punishment exceeding the fine; and (d) the fact that the Defendant voluntarily surrenders to an investigative agency, etc.; (b) the crime related to narcotics is highly harmful to society as it may cause another crime due to toxicity, decliation, etc.; and (c) the fact that the risk of causing the spread of narcotics in Korea is not easy; (d) the fact that the smuggling of narcotics, etc. in collusion with C, etc. is likely to cause the spread of narcotics in Korea; and (e) the fact that the Defendant was populated and distributed a large quantity of narcotics, etc., and the considerable amount of which appears to have been distributed in time, taking into account the following factors: (c) the Defendant’s age, character and conduct, environment, motive and method of the crime; (d) the circumstances after the crime; (e) the number of times and frequency of the crimes; (e) the degree of participation in and equity in the punishment for the accomplice and the accomplice, and the sentencing.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the Defendant in this court are the circumstances that the lower court had already taken into account when determining the Defendant’s punishment, and there are other circumstances to find the lower court’s determination of sentencing too unreasonable even in full view of the materials presented during the sentencing hearing of this court.

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