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(영문) 서울고등법원 2018.04.10 2017노1798
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor: The punishment sentenced by the court below (one year of imprisonment and two years of suspended execution) is too uneasy and unfair.

Judgment

In the case of narcotics-related crimes, it is necessary to punish narcotics-related crimes in light of the fact that they cause decilization of individuals, families, society and human beings as a whole, beyond individual criminal acts.

In this context, the fact that the body and mind of the defendant seems to lack safety in the case of the body and body of the body of the defendant, the period for the administration of phiphones is not short, and the number of times of the administration of phiphones is not limited to the crime of medication of phiphones with other people, the fact that the defendant, alone, administered phiphones or delivered phiphones with other people, was arrested by the crime of the administration of phiphones, and was arrested by the investigation agency or even under investigation by the criminal trial even though the defendant was arrested by the crime of the administration of phiphones, etc., which is disadvantageous to the defendant.

However, the crime of delivery of philophones in this case is that the defendant delivered philophones to another person without any particular consideration after the administration of philophones at the same time, and the defendant continued to commit the crime of delivery of philophones despite the investigation or criminal trial conducted by an investigative agency as above. The defendant has an opportunity to seriously reflect misunderstanding while living in custody for a considerable period of time during the trial of the court below, after being released from the suspended sentence by the court below, he faithfully performs medication and rehabilitation counseling, and has been admitted to the treatment community of philophones from January 2018, and in the process, he shows a strong intention to complete blophones by making efforts to recover relations.

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