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(영문) 서울서부지방법원 2019.01.24 2018노19
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 600,000 won for collection) of the Defendant is too unreasonable.

2. The judgment below held that the defendant committed the crime of this case which administers a phiphone again from the day after the judgment of the suspension of execution became final and conclusive due to the same criminal power of the same kind; the phiphone is a psychotropic drug that causes habitation and sculphism; the crime related to narcotics, etc. may cause serious adverse effects on the defendant him/herself, his/her family, and society as a whole; the defendant who committed the same kind of crime again without being aware of it during the suspension of execution period, needs to strictly cope with the side effects of narcotics and the risk of recidivism; the number of phiphonephones administered by the defendant is large; the defendant's mother shows a large number of times of phiphones; while the defendant shows an attitude to reflect the depth of the crime of this case; the defendant has yet to go into society; the fact that phiphones do not stop the crime related to narcotics, etc. for his/her future; the defendant's family members also led the defendant's family members; and the defendant was sentenced to the suspended sentence of imprisonment or the suspended sentence of the defendant.

When comprehensively taking into account the conditions for sentencing, the applicable sentencing, and the above sentencing guidelines in the trial, the court below seems to have rendered a sentence by fully taking into account the circumstances favorable to the defendant, and it is assessed that the judgment of the court below exceeded the reasonable bounds of discretion, or that the judgment of the court below exceeds the reasonable bounds of discretion.

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