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(영문) 수원고등법원 2020.11.25 2020노461
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment sentenced by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment and four years of suspended execution, etc.) is too unreasonable.

2. The Defendant acknowledges and reflects his mistake.

Defendant has no career of having been punished for crimes in Korea.

On the other hand, the Defendant purchased and used synthetic marijuana (referred to as psychotropic drug JHW-018 as similar body, 's spaw-018', 's psychotropic drug 's 's 's spaw-018') 0.5gs each over six times.

A narcotics crime is a crime that causes a huge harm to society as a whole due to addiction and dissipation, and must be punished strictly.

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.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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