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(영문) 서울북부지방법원 2018.06.08 2018노361
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 10 months of imprisonment) is too unreasonable.

2. The judgment on the grounds for appeal by the defendant does not seem to have dealt with narcotics in a systematic and professional manner, and most of them seem to have dealt with narcotics for the purpose of medication.

The Defendant recognized all of the crimes up to the judgment of the court, and is against his mistake.

The Defendant has no record of criminal punishment for the same kind of crime, in addition to the suspension of indictment prior to each of the instant crimes.

On the other hand, however, narcotics-related crimes are highly likely to cause harm and harm to the society as well as individuals due to their toxicity.

In 2012, the defendant has a record of being sentenced to suspension of indictment for the same kind of crime.

However, the Defendant administered philophones over five times for a short period of four days.

In light of the frequency and contents of the crime, the defendant seems to be addicted to narcotics.

The Defendant did not merely administer philophones but also sold philophones to others so that additional crimes can be committed. At the time of arrest, the Defendant only 3.54g of philophones possessed by the Defendant at the time of arrest.

In addition, in full view of all the sentencing circumstances, including the defendant's age, sex, criminal record, family relation, motive, means and consequence of the crime, the punishment imposed by the court below is too heavy.

Therefore, the defendant's above assertion 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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