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(영문) 서울중앙지방법원 2012.11.15 2012노3155
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, confiscation and collection) of the lower court’s sentencing (e.g., imprisonment with prison labor, two years, confiscation and collection)

2. We examine the judgment on the grounds of appeal. The defendant committed all the crimes of this case and reflects his mistake in depth while committing the crimes of this case. The defendant actively cooperates in the investigation of narcotics crimes by informing another investigation agency of the criminal facts of another narcotics offender in the course of investigation and trial in this case. The former part of the defendant's wife wanting to be the defendant, and it appears that the defendant's health status is not good.

However, the defendant submitted a written confirmation of investigative cooperation to the effect that the defendant not only had been sentenced several times as a crime of narcotics but also committed the crime of this case during the period of repeated crime that has not yet passed since the completion of the execution of imprisonment for the same kind of crime as stated in the first head of the crime in the judgment of the court below. ② The defendant committed the crime of this case when he had been sentenced to punishment for the same crime as stated in the judgment of the court below. ② The defendant repeatedly spread phiphones to other persons, and the nature of the crime is more severe, ③ the amount of phiphone dealt with by the defendant, ④ The defendant arrested and sent them to the prosecution according to the defendant's investigative cooperation, ④ the court below submitted a written confirmation of investigative cooperation to the effect that "R, S, and Q are aware of and tracking the crime of this case," but it is difficult to view that the situation of such investigative cooperation has already been reflected in the sentencing of the court below as being favorable to the defendant, ⑤ the court below has determined the punishment newly in consideration of the circumstances of this case, and there are no special circumstances or circumstances, motive and circumstances of this case.

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