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(영문) 수원고등법원 2020.04.09 2019노512
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., imprisonment with labor for three years) is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the imported MMA was seized from co-offender C and has not been distributed during the trial; and (c) the Defendant’s family members want to take the Defendant’s prior action.

However, the defendant's importation of MaDMA 100 in collusion with his accomplices and the nature of the crime of this case is not good in light of the contents, etc. of the crime of this case, narcotics-related crimes have significant adverse effects on individuals and society as a whole, and rapidly globalized and organized narcotics in recent years, to protect our society and its members, it is necessary to strictly cope with drug crimes. The amount of MDMA imported by the defendant is not large, the defendant committed the crime of this case again despite the fact that the defendant had been sentenced to suspended sentence for the same kind of crime of importing, selling and smoking even around 2004, and even if the defendant had been sentenced to suspended sentence for the same crime of this case, it cannot be deemed that the sentencing that the court below sentenced to the minimum limit of the recommended sentence exceeded the reasonable scope of discretion by taking into account all the sentencing conditions according to the sentencing guidelines (4 years of imprisonment or 7 years of imprisonment with prison labor), and other factors such as the sentencing conditions in the trial of this case.

3. In conclusion, the defendant's appeal is dismissed as there is no ground for appeal.

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