(영문) 서울고등법원 2020.03.26 2019노2616 | 리걸엔진

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(영문) 서울고등법원 2020.03.26 2019노2616

마약류관리에관한법률위반(향정)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

lsD 20 (No. 1), MDR 5, seized lsD 20 (No. 1).

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) sentenced by the court below is too unreasonable.

2. The crime of this case committed by the Defendant is highly likely to be subject to criticism in that the crime of this case committed by importing narcotics, etc. in Korea, especially in that it may cause the spread of narcotics and additional crimes resulting therefrom, in that the crime of this case is highly likely to be subject to criticism in that the crime of this case committed by the Defendant, in addition to avoiding the individual’s body and mind due to their cryptness, toxicity, etc. and seriously hampering the public health.

The Defendant also committed a crime with a substantial quantity of narcotics, etc., which is also not good for the Defendant to commit the crime, such as hiding them into the Republic of Korea between the inner clothes worn by two doubles and bringing them into the Republic of Korea.

In addition, the defendant was sentenced to the suspension of the execution of imprisonment for the purchase and smoking of marijuana in Cambodia in 2014, and was sentenced to the suspension of indictment for the possession of marijuana in 2016, and went to the same kind of crime in the instant case. In this case, the contents and degree of the crime are gradually serious, such as the administration of marijuana as well as maMA, lsD and marijuana, and the importation of MaMA, lsD and marijuana.

Defendant shall be sentenced to a penalty, and it is inevitable.

However, the defendant recognized all of the crimes of this case from investigative agencies to the trial of the case, and tried not to repeat the crime of this case.

The whole narcotics imported by the defendant are confiscated and actually used, sold or distributed.

Since 2011, the Defendant had been receiving mental treatment due to depression, etc., and such health condition seems to have influenced the instant crime.

Except for the above suspended sentence, the defendant has no record of criminal punishment otherwise.

The defendant operates a company that produces video works, etc.

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