beta
(영문) 의정부지방법원 2020.01.09 2019노2277

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment and additional collection) by the lower court is too unreasonable;

2. There are favorable circumstances such as the confession of the Defendant, the purchase of phiphones by the money received from the Defendant, the purchase of phiphones, and the death of the phiphones, and the fact that the investigation agency was involved in each of the crimes in this case, the fact that the crimes in B were stated by the investigation agency in order to cooperate with the investigation in B, and that the bubs appeal by the bubs.

However, in full view of the following circumstances and the Defendant’s age, character and conduct, environment, the motive and background of each of the instant offenses, means and methods thereof, and all the sentencing factors expressed in the instant records and the trial process, such as the circumstances after the commission of the offense, the sentence imposed by the lower court is deemed to have exceeded the reasonable scope of discretion, or to be too unreasonable.

- The Defendant committed each of the instant crimes during the period of repeated crimes, who was sentenced to three years of the suspension of the execution of one year of imprisonment for the year 201, six months of imprisonment for the year 2012, and eight months of imprisonment for the year 2018.

- The amount of philopon purchased by the defendant from D is not less than four g.

- The Defendant provided B with 0.1g philophones free of charge on two occasions, and administered philophones.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.