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(영문) 서울중앙지방법원 2020.05.21 2019노4289
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment, confiscation, additional collection of KRW 2,938,00) declared by the court below (e.g., one year of imprisonment, confiscation, additional collection of KRW 2,938,00), the defendant asserts that it is too unreasonable and unfair, and the prosecutor argues that it

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

It is necessary to severely punish narcotics crimes with great harm to society as well as avoiding the body and mind of an individual.

The Defendant committed each of the instant crimes even though he/she was suspended from indictment on May 26, 2017 due to the same crime on the condition that he/she completed the education, and the narcotics administered or smoked are various types, and the act of selling narcotics beyond a simple medication and possession constitutes the act of selling narcotics, etc., and thus, the Defendant’s liability for the crime is not less

Such circumstances are the factors of sentencing unfavorable to the defendant.

However, the defendants are all aware of the crimes, and they are against themselves, and they faithfully cooperate with the investigation of accomplices, such as merchant ships, etc., in investigation agencies.

On July 23, 2010, there is no other criminal power except a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving).

Such circumstances are favorable to the defendant.

In addition, considering the Defendant’s age, career, character and conduct, environment, family relationship, health condition, motive and circumstance of the offense, etc. as well as various conditions of sentencing indicated in the pleadings, the sentence of the lower court is deemed appropriate to have been made within the scope of the sentencing discretion of the court, and cannot be deemed as being too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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