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(영문) 서울중앙지방법원 2020.04.28 2020노344
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment, two months, confiscation, additional collection 243,00 won) sentenced by the court below, the defendant asserts that it is improper for the defendant to be too unreasonable, and the prosecutor is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

In the case of narcotics-related crimes, which have a large negative impact on the society as a whole due to declimatic toxicity, etc., and it is not easy to detect due to its characteristics, and the risk of recidivism is high, so strict punishment is required.

In particular, the Defendant has a large number of criminal records, and the four times of imprisonment (three times of imprisonment and one time of suspended execution), and the suspended execution of imprisonment was revoked on August 28, 2014, and after the completion of the execution of the sentence on January 29, 2017, the Defendant was sentenced to a suspended execution of imprisonment for the same kind of crime, and there is no less punishment for committing the instant crime during the period of repeated crime.

Such circumstances are disadvantageous to the defendant.

However, the defendant is against all the crimes, and the defendant shows his intention to stop the drug even for the elderly's support.

Such circumstances are favorable to the defendant.

In addition, considering the Defendant’s age, career, character and conduct, environment, family relationship, health condition, motive and circumstance of the offense, etc. as well as various conditions of sentencing indicated in the pleadings, the sentence of the lower court is deemed appropriate to have been made within the scope of the sentencing discretion of the court, and cannot be deemed as being too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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