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(영문) 서울고등법원 2019.07.05 2019노345

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court on the Defendant (one year and two months of imprisonment, additional collection KRW 788,000) is too unreasonable.

2. The lower court determined that: (a) under unfavorable circumstances, the Defendant: (i) purchased, accepted, administered, mephones over several occasions; (b) purchased, possessed, smoked, delivered part of the mephones purchased to H; and (c) transferred mephones and marijuana at the time; (d) made it difficult for the Defendant to lead a normal social life by causing physical and mental addiction; (b) made it difficult for the Defendant to engage in narcotics crime; and (c) there are negative impacts on the society, such as harm of misuse and abuse and impairing public health and sound social order; and (d) particularly, it is highly probable that the purchase and receipt of narcotics would attract many and unspecified persons to commit the crime, leading to the spread of narcotics, etc.; (b) the Defendant has history of punishment for the same kind of crime in 1996; (b) purchased, possessed, and sold some of the mephones purchased to H; and (b) made it possible for the Defendant to repeatedly submit the sentencing guidelines to the Defendant, other than the Defendant’s motive to commit the crime of this case.