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(영문) 수원고등법원 2020.08.26 2020노286
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (three years of imprisonment, four years of suspended execution, etc.) is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected in the judgment.

A defendant has no career of criminal punishment since his entry into the Republic of Korea.

The defendant purchased the psychotropic drugs for personal administration, and it seems that the spams purchased by the defendant are not distributed again.

SPS is a synthetic marijuana containing 5F-ADB ingredients, similar chain of psychotropic drugs JWH-018, and Article 2 subparagraph 3 (a) of the Narcotics Control Act.

The Act on the Control of Narcotics, etc. is a drug or a substance containing such a drug, which has a high potential for misuse or abuse and lack of safety, causing severe physical or psychological dependence in the event of misuse or abuse of the psychotropic drugs referred to in the above Article, and has a very serious potential for misuse or abuse, and thus, it is highly severe and lack of safety. Therefore, the Act on the Control of Narcotics, etc. is the most strictly punished crime among the crimes related to psychotropic drugs.

The defendant is also going to commit a crime without a considerable number of times that the defendant traded or administered such psychotropic drugs.

In full view of the following circumstances: (a) there is no particular change in the sentencing conditions compared with the original judgment, as the new sentencing data was not submitted in the trial; (b) the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, etc.; and (c) the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, etc., it is not recognized that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

3. The appeal by the defendant is without merit and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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