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(영문) 서울북부지방법원 2018.06.29 2018노647

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. The judgment on the grounds for appeal by the defendant does not seem to have given or received narcotics, etc. systematically and professionally, and seems to have given or received them for the purpose of medication.

Not only the Defendant was able to engage in the instant crime, but also cooperated in the investigation into the criminal offenders, such as informing those who provided narcotics to them.

The Defendant recognized all of the crimes up to the judgment of the court, and is against his mistake.

On the other hand, however, narcotics-related crimes are highly likely to cause harm and harm to the society as well as individuals due to their toxicity.

In the past, the Defendant has been sentenced to imprisonment with prison labor more than ten times for the same crime, and the crime of this case is committed within the repeated crime period due to the same crime.

In light of the criminal records of the defendant and the details and circumstances of the crime of this case, the defendant seems to be addicted to narcotics.

In addition, in full view of all the sentencing circumstances, including the defendant's age, sex, criminal record, family relation, motive, means and consequence of the crime, the punishment imposed by the court below is too heavy.

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

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