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(영문) 서울남부지방법원 2018.07.13 2018노146

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (the penalty of imprisonment of two years, the death penalty of one thousand nine years, nine hundreds, nine hundreds) is too unreasonable.

2. The judgment is a favorable condition for the defendant, such as the fact that the defendant repents and reflects the error, and that the defendant actively cooperates in the investigation.

However, the Defendant committed the instant crime without being aware of the fact that the Defendant had three times of criminal punishment for the same crime, in particular, even though he was released from the same crime after being punished for the same crime, and that the instant crime was committed not only by simple medication but also by arranging the transaction of philophones twice, etc., are disadvantageous to the Defendant.

In full view of the above circumstances and all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, occupation, and environment before and after the crime of this case, the sentence imposed by the court below is judged appropriate, and it is not unfair because it is too unreasonable. Thus, the defendant's 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.