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(영문) 서울중앙지방법원 2019.06.27 2018노3876

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a term of two years, probation, community service, additional collection of KRW 3,000, which is too unreasonable) imposed by the court below.

2. The Defendant, by recognizing all of the instant crimes, appears not only to cooperate in the investigation but also to repent of his mistake.

It seems that the health and economic conditions of the defendant are not good.

Defendant has family members to be supported.

The spouse and children of the defendant appeal against the defendant.

In the case of narcotics-related crimes, it is not easy to detect them due to their characteristics, and the risk of recidivism is high, as well as the negative impact on society as a whole due to declimatic toxicity, etc., it is necessary to severely punish them.

All the defendants have a record of criminal punishment over twenty-seven times (three times of punishment, four times of suspension of execution, and twenty times of fines), and four times of which (one time of punishment and three times of suspension of execution) are criminal records identical to each of the crimes of this case.

In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and consequence of the crime, etc. are added to all the sentencing factors indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is unfair because it goes beyond reasonable discretion.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.