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(영문) 서울중앙지방법원 2018.10.04 2018노2280

마약류관리에관한법률위반(향정)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and two months of imprisonment) is too heavy or unreasonable.

2. We examine both the prosecutor’s judgment and the Defendant’s unfair argument in sentencing.

It is not easy to detect narcotics-related crimes in light of their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole due to recidivism, toxicity, etc., and the defendant is punished by the suspension of the execution of imprisonment with prison labor for the same kind of crime, and even though he had the record of punishment as a sentence, he/she committed the crime of this case during the period of repeated crime, it is necessary to strictly punish the defendant.

On the other hand, there are many amounts and frequency of narcotics handled by the defendant due to the administration of philopon once, small amount of philopon and hemp possession.

In full view of other circumstances that form the conditions for the instant pleadings and the sentencing indicated in the records, such as the character, conduct, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.