beta
(영문) 서울고등법원 2019.07.18 2019노801

마약류관리에관한법률위반(향정)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the penalty of two years and six months of imprisonment, confiscation, confiscation, 5,886,400 won) is too unreasonable.

B. The punishment sentenced by the lower court (a year and six months of imprisonment, confiscation, 209,00 won additional collection) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion of unfair sentencing by Defendant A has reached two times the criminal history of the same kind of crime, and (1) the Defendant actively engaged in the instant crime, such as purchase and medication of phiphones, even though he/she had to have been convicted of repeated crimes during the same criminal period; (2) the number of the instant crimes is not a large number of times; (3) the Defendant committed crimes related to narcotics, etc., such as purchase and sale of phiphones, brokerage of sale, medication, etc., and delivery to the Defendant B, etc., without any restriction on the administration of phiphones purchased; and (4) there is a high risk of recidivism due to their toxicity; and (3) there is a high risk of harm to individuals and society; and (4) there is a need to strictly punish the Defendant, taking into account the following factors: (1) the Defendant’s active cooperation in the investigation of the Defendant, and (2) the Defendant’s family members were arrested by means of the Defendant’s sentence of imprisonment with prison labor for the Defendant, and (3) the Defendant’s age of up to 6 months and age 8.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s judgment is not deemed to have exceeded the reasonable bounds of its discretion.