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(영문) 부산고등법원(창원) 2020.08.19 2020노51
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. The crime of this case is not only the defendant traded and administered narcotics, but also the defendant brought a large quantity of synthetic marijuana into the Republic of Vietnam from Vietnam to the Republic of Korea by mail, and the responsibility for the crime is very serious. The crime of narcotics is highly harmful to the society as a whole due to the crypability and toxicity of narcotics, etc., and the import of narcotics is highly likely to cause a high possibility of criticism because of the spread of narcotics and the possibility of additional crimes.

On the other hand, the defendant recognized the crime of this case and divided the wrong facts, and there is no criminal history in Korea, etc. are favorable circumstances to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct and environment, the motive, means and methods of committing the instant crime, the circumstances after committing the instant crime, and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, it is not determined that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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