(영문) 서울중앙지방법원 2019.05.30 2018노2622

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(영문) 서울중앙지방법원 2019.05.30 2018노2622

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5 million and an additional collection of KRW 200,000) that the court below rendered is too unreasonable.

2. The defendant, by recognizing the crime of this case, has shown not only cooperation in the investigation but also his attitude to repent of his mistake.

The defendant only received approximately 0.06 g of philophones on one occasion, and it cannot be said that the responsibility for the crime is very heavy.

It is necessary to consider equality in cases where judgment is given at the same time as a violation of the Act on the Control of Narcotics, etc. (fence).

It seems that the health and economic conditions of the defendant are not good.

However, it is not easy to detect narcotics-related crimes due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole due to declimatic toxicity, etc., so strict punishment is required.

All the defendants have a record of criminal punishment for up to 19 times (three times of punishment, four times of suspension of execution, and twelve times of fines), and four times of which is the same as the crimes of this case (one time of punishment, three times of suspended execution).

In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and consequence of the crime, etc. are added to all the sentencing factors indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is too unfair because it exceeds the reasonable discretion.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

참조조문

-마약류 관리에 관한 법률

-형사소송법 제364조 제4항

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