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(영문) 서울고등법원 2019.06.26 2019노524

마약류관리에관한법률위반(향정)등

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Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months, additional collection of KRW 300,000) against the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

2. Determination

A. The Defendant voluntarily surrendered to the Defendant part of the instant case, recognized each of the instant crimes, expressed the intent to stop narcotics, and cooperate in arresting the drug offender.

This is the circumstances favorable to the defendant.

However, since 2011, the Defendant was sentenced to the punishment for the violation of the Act on the Control of Narcotics, Etc. (fence) and committed each of the crimes of this case due to the use of phiphone medication and possession at the time when one month has not passed since the completion of the execution of imprisonment for the same kind of drug crime.

This is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and method of the offense, circumstances after the offense, and other various sentencing conditions shown in the instant records and arguments, it cannot be deemed that the sentence of the lower court sentenced to the Defendant is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

B. The part of a medical treatment and custody case is deemed to have filed an appeal for a medical treatment and custody case in accordance with Article 14(2) of the Medical Treatment and Custody Act, if the defendant filed an appeal against

However, the defendant or his defense counsel did not submit any grounds for appeal regarding the medical treatment and custody case, and even if the judgment of the court below is examined ex officio, there is no reason to reverse the judgment of the court below.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act on the grounds that the defendant's appeal is groundless. It is so decided as per