beta
(영문) 수원지방법원 2019.07.25 2019노3159

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and reflects his mistake, the Defendant cooperates in the investigation so that another narcotics offender may be arrested, and the Defendant has no record of punishment in the Republic of Korea, which seems to have been already considered in the sentencing of the lower court.

In addition, the crime of this case is committed in 23 times by the defendant selling 112 g of phiphones, possessing 292.5 g of phiphones, possessing four times of phiphones, and taking the administration of phiphones. In light of the frequency of sale and the quantity of phiphones in possession, etc., the crime liability is very significant in light of the frequency of sale of phiphones and the number of phiphones, etc., and narcotics-related crimes have serious adverse effects on society as a whole, such as avoiding the body and mind of an individual as well as impairing the public health and causing other crimes, and thus, it is necessary to strictly punish them. In full view of the circumstances such as equity in sentencing with the cases of the same and similar kinds of cases, including the defendant’s age, character and conduct, background, means and consequence of the crime, and the circumstances after the crime, etc., the punishment of the court below is not deemed unfair.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.