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(영문) 서울고등법원 2018.05.09 2017노3299
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment [the imprisonment of three years and six months, confiscation, additional collection (680,000 won, Defendant alone, 3,032,00 won), and provisional payment order] is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized his or her criminal act; (b) his or her mother was her age and was unable to adapt to his or her studying life, appears to be one cause for using narcotics; and (c) the Defendant provided personal information of another narcotics offender to cooperate in the investigation.

However, for a number of months, the Defendant acquired various kinds of narcotics to marijuana as well as lsd, MMA (EXP), and administered and divided them directly with persons who became aware of or through the Internet after acquiring them through the Internet site.

Such narcotics crimes have a serious adverse impact on society as well as on the physical and mental concealments of individuals.

The Defendant already committed each of the instant crimes without being aware of the fact that he/she had been sentenced to a suspended sentence of three years and six months, due to a violation of the Narcotics Control Act.

In full view of such circumstances and other factors of sentencing as the Defendant’s age, sexual conduct, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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