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(영문) 서울고등법원 2018.11.16 2018노2521
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of two years and six months, the suspension of execution of three years, community service work 120 hours, confiscation, additional collection of 3,012,00 won) is unreasonable.

2. Determination

A. The lower court rendered a sentence by comprehensively taking account of the following factors: (a) the Defendant’s unfavorable circumstances; (b) it is not easy to detect narcotics-related crimes due to their characteristics; (c) it is highly harmful that not only individuals but also society due to decryptability and toxicity; and (d) the Defendant purchased and administered cocars and phiphones on five occasions between approximately two months; and (b) the Defendant’s liability is heavy; (c) the Defendant is recognized and against all of the instant crimes; (d) the Defendant has no record of being punished for narcotics-related crimes; and (e) the Defendant appears to have no experience of administering or using narcotics prior to the instant crimes; and (e) the sentencing conditions indicated in the instant records, such as the Defendant’s age, sexual behavior, family relationship, motive and circumstance of the instant crimes, and circumstances.

B. Such sentencing by the lower court seems to have been conducted within the reasonable scope of discretion by comprehensively taking into account all the circumstances related to sentencing, which were revealed in the process of the instant pleadings.

There are no special changes in circumstances to change the sentencing of the original court, or there are no circumstances to deem that the sentencing of the original court is unfair, even though the circumstances alleged by the defendant in the trial are considered to have already been considered in the original court.

The defendant's argument of sentencing 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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