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(영문) 서울중앙지방법원 2019.07.04 2018노4109
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 5 million, confiscation, and collection KRW 450,000) that the court below rendered is too unreasonable.

2. The Defendant appears to have purchased phiphones for administration.

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.

On October 3, 2014, there is a need to consider equity in cases where the judgment was rendered simultaneously with the offense of violation of the Act on the Control of Narcotics, etc. (fence).

It seems that the economic situation of the defendant is 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.

The defendant purchased philophones over two occasions, provided a philophones, administered philophones over three times, and carried dangerous objects without justifiable reasons.

The defendant has a past record of criminal punishment for four times (one time of actual punishment, three times of suspended execution), and one time of suspended execution is a criminal record of the same kind as the crime of the violation of the Act on the Control of Narcotics, etc. 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 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 unfair because it goes beyond reasonable discretion.

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

3. The defendant's appeal is dismissed on the ground that it is without merit.

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