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(영문) 수원고등법원 2020.08.14 2020노338
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair form) Defendant A and his defense counsel asserted misunderstanding of facts and misunderstanding of legal principles as to a part of the original crime, but withdrawn such assertion on July 17, 2020 on the first day of the trial of the first instance.

The sentence of the lower court (Defendant A: 5 years of imprisonment, etc.; 1 year of imprisonment, 3 years of suspended execution, etc.) is too unreasonable.

2. The lower court determined that ① it is difficult to detect narcotics due to the characteristics of the crime, and there is a high risk of recidivism, as well as a very serious negative impact on the society as a whole, and thus, it is necessary to punish the Defendants significantly. In particular, the crimes of importing and selling narcotics are likely to spread narcotics and cause additional crimes, and the volume of the flag imported by Defendant A is very large. Meanwhile, the lower court determined the Defendants’ punishment by taking into account the circumstances favorable to the Defendants, including: (a) there is no history of criminal punishment exceeding fines in Korea; (b) there is no history of criminal punishment in Korea; (c) there is no history of criminal punishment; and (d) there is no relatively large volume of the drugs administered by the Defendants; and (b) Defendant B

In light of the following: (a) there is no new circumstance or special change in circumstances that may be reflected in the sentencing after the sentence of the lower judgment was made at this court; (b) the lower court sentenced Defendant A to a punishment that does not reach the lower limit of the sentencing guidelines (eight years of imprisonment); (c) the lower court suspended the execution of imprisonment with prison labor for Defendant B; and (d) the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime; (c) the circumstances after the commission of the crime; and (d) the criminal records, etc. in this case,

3. Conclusion, the Defendants’ appeals are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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