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(영문) 서울북부지방법원 2018.09.07 2018노1008
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 and four months of imprisonment) against the Defendant is too unreasonable.

2. The judgment on the grounds for appeal by the defendant does not seem to have received narcotics, etc. in a systematic and professional manner, and most of them seem to have received them for the purpose of medication.

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.

Prior to the crime of this case, the Defendant has been sentenced to four times of imprisonment for the same kind of crime.

However, the Defendant administered philophones over three times during a short period of time without one month.

In light of the criminal history, frequency and contents of the crime against the defendant, the defendant seems to be addicted to narcotics.

The defendant did not merely arrange to administer narcotics, but also arrange to sell and purchase narcotics to others so that additional crimes can be committed.

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.

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