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(영문) 서울고등법원 2019.08.22 2019노950
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. On May 10, 2019, the Defendant’s defense counsel’s written statement of grounds for appeal on May 10, 2019, stating “the fact-finding person” and “legal scenarios,” but the Defendant withdrawn each of the above arguments on the second trial of the trial.

The punishment sentenced by the court below (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. The Defendant recognized all of each of the instant crimes, and is in profoundly against his/her mistake.

The Defendant appears to have played a role to the extent that the Defendant brought philophones or marijuanas into a specific place in accordance with B’s instruction in committing the crime of selling the so-called “Trophone” led by a private village-type B (the so-called “Trophone”; hereinafter referred to as “philophones”).

The family and the branch of the defendant appeal against the defendant.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances seem to be due to the fact that the defendant asserted in the court below or that the court below took full account of all the factors in determining the sentence against the defendant.

Various circumstances mentioned in the "decision of Pronouncement" column of the judgment of the court below, the defendant was sentenced to the suspension of the execution of imprisonment, etc. due to a crime held by him in order to sell phiphones even around 2007, and the defendant committed each of the crimes of this case even during the period of repeated crime; the defendant committed each of the crimes of this case; the amount of the philophones possessed by the defendant for sale was very large to exceed 150g; the cash card, etc. possessed by the defendant was used for the singing crime; the defendant was actually used for the singing crime; the sale of phiphones or marijuana; the defendant participated in the crime of selling phiphones or marijuana; the role of the defendant performed by the defendant in the domestic sales of philophones or marijuana; however, the defendant's age, character and behavior, environment, motive for the crime; and the circumstances after the crime.

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