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(영문) 서울중앙지방법원 2019.07.18 2019노71
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one month and collection of 2.3 million won) imposed by the lower court is too unreasonable.

2. The Defendant seems to have attempted to purchase or purchase philophones for medication.

The Defendant appears not only to cooperate in the investigation but also to repent of his mistake by recognizing all of the crimes in this case.

In September 7, 2018, it is necessary to consider equity in cases where judgment is rendered simultaneously with the violation of the Act on the Control of Narcotics, etc. (fence).

It seems that the health status of the defendant is not good.

The defendant's friendly birth, his wife, etc. appeals against the defendant.

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.

The defendant purchased a one-time penphone, attempted to purchase a four-time penphones, and administered a one-time penphones, and the responsibility for the crime is not easy.

The Defendant, at the Seoul Central District Court on September 28, 2017, sentenced one year of suspended sentence to a violation of the Act on the Control of Narcotics, Etc., and sentenced two years of suspended sentence on October 11, 2017, which became final and conclusive on October 11, 2017, committed each of the instant crimes even during suspended sentence.

All the defendants have a record of criminal punishment for three times (one time of punishment, one time of suspended execution, and one time of fine), and two times (one time of suspended execution and one time of suspended execution) are criminal records of the same kind as the crimes of this case.

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 result of the crime, etc. are added to all the sentencing factors indicated in the records and arguments, there is no new circumstance that can be seen as changing the sentencing conditions of the court below against the defendant when the crime was committed.

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