beta
(영문) 서울고등법원 2019.10.31 2019노1649

마약류관리에관한법률위반(향정)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: imprisonment (one year of imprisonment with prison labor for six months, one year of suspended execution, and additional collection) declared by the court below is too unfasible.

2. During a short period of time, the Defendant advertised the sale of narcotics on the Internet and committed the instant crime that sells a large amount of penphones and marijuana to seven persons, and considering the sense and toxicity of narcotics, etc., and adverse effects of narcotics crimes on society as a whole, etc., the Defendant’s liability for such crime is not weak.

However, the Defendant recognized all the crimes of this case, and runs counter to the depth of the mistake.

The Defendant was sentenced to two years imprisonment with prison labor, etc. at Daejeon District Court on September 27, 2017, on the grounds that he/she purchased, sold, delivered, administered, smoked, etc. of phiphones, marijuana, etc. from around September 5, 2016 to March 16, 2017, and the judgment became final and conclusive. The instant crime was sold between February 5, 2017 and March 15, 2017, during which the Defendant sold phiphones and marijuana during the period of the instant crime. In determining the punishment for the instant crime, the equity should be particularly considered with the case where the said crime was simultaneously adjudicated.

Since the defendant was sentenced to punishment in accordance with the above final judgment, he was employed in the automobile industry company with the help of the supporters, and he was faithfully working therein.

In the future, the defendant has been completely relieved from the narcotics crime, and his family members and supporters also expressed their intention to appeal to the defendant and to endeavor to prevent recidivism.

Considering the aforementioned various circumstances as well as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, it is not determined that the sentence imposed by the lower court is too unreasonable.

The prosecutor's above assertion is without merit.

3. Conclusion.