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(영문) 서울고등법원 2020.04.10 2019노2763
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for three years and by imprisonment for two years and six months.

except that this shall not apply.

Reasons

The summary of the grounds for appeal (unfair form of punishment) that the court below sentenced to the Defendants (the four years of imprisonment and confiscation, the three years of imprisonment and confiscation) is too unreasonable.

Judgment

Narcotics-related crimes are highly harmful to individuals, families, society and human beings due to their toxicity and radio waves, and in particular, narcotics-related crimes are highly likely to be criticized.

MMA(OMA) imported by the Defendants is very harmful to their addiction and society compared to other narcotics, and it is very poor that the Defendants received MMA of mass (1,000) with the knowledge that it will be distributed.

However, the Defendants appear to have committed the instant crime only at the speech that they would give 1.5 million won per head on the face of a week by transporting narcotics, rather than directly importing MMA for the purpose of sale. The imported MMA was entirely confiscated and actually distributed.

In order to arrest the accomplice, the Defendants were engaged in cooperation in the investigation, and they shown the attitude of confessioning and opposing the crime of this case.

The Defendants have no same record as the 20th young age, and there is no record of criminal punishment exceeding the fine.

The family members of the Defendants also want to take the ship.

Defendant

B, it is difficult to readily conclude that the departure from the Republic of Korea for the purpose of MDMA import from the beginning, and it appears that Defendant A’s solicitation was involved in the instant crime, and that he/she will continue to hold his/her studies as a member of a sound society.

In addition, comprehensively taking account of the following factors: the Defendants’ age, character and conduct, motive and background of the instant crime, the means and consequence of the instant crime, family relationship, and circumstances after the crime, etc., it is deemed that the sentence against the Defendants is too unreasonable.

Therefore, the Defendants’ assertion of unreasonable sentencing is justified.

In conclusion, the Defendants’ conclusion is followed.

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