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(영문) 수원고등법원 2020.03.12 2019노602
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (two years of imprisonment, confiscation) sentenced by the court below is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As to the instant case, there is no significant change in the sentencing conditions compared to the lower court in the appellate trial.

The fact that the Defendant had no record of criminal punishment in the Republic of Korea, and that the Defendant had committed the instant crime while serving in the Republic of Korea away from his family members in the young age. The Defendant, a U.S., expressed his intention to continue his studies suspended when the execution of the sentence was completed or released and returned to the U.S., and return to the U.S., and that the Defendant’s family and family members appear to have a ties relation with the Defendant at home or in society, such as the Defendant’s birth of the Defendant’s wife against the Defendant, and that the psychotropic drugs were seized during the process of delivering the imported psychotropic drugs to the Defendant and have not been distributed to the public ought to be considered as favorable to the Defendant.

However, narcotics-related crimes should be strictly dealt with in order to protect the society and its members from narcotics-related crimes which have a significant adverse impact on individuals and society as a whole, and rapidly globalized and urbanization.

The crime of this case is not a person handling narcotics, but a defendant imports psychotropic drugs such as MMA, 2C-B, 4-Chlorethcathinone, and in light of the specific contents, means and methods of the crime, and the kinds and quantity of imported psychotropic drugs, etc., it is not appropriate to commit the crime and commit the crime.

On the other hand, the defendant's defense counsel voluntarily surrenders himself to investigators.

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