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(영문) 의정부지방법원 2019.02.11 2018노3240
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than two years, confiscation, and collection) imposed by the lower court is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his or her misunderstanding, and that the defendant has a family member to support the defendant.

However, the crime of this case is deemed to be unfair in full view of the following circumstances: (a) the Defendant administered and possessed phiphonephones; (b) lent one check to his bank account; and (c) narcotics crime is seriously harmful to society due to toxicity and requires strict punishment; and (d) the Defendant has been punished several times including imprisonment with prison labor due to drug crimes and alien species crimes; and (c) the Defendant committed the crime of this case in this case even though he was in the repeated term due to the violation of the Act on the Control of Narcotics, etc. (f) in the judgment of the court below, even though he was in the repeated term due to the violation of the Act on the Control of Narcotics, etc. (f) the Defendant committed the crime in this case; and (d) the bank account borrowed by the Defendant to his name impaired was actually used for scamsing crimes; and (e) there is no change in the age, character and behavior, environment, motive and circumstance of the Defendant, the motive, method and method of the crime, and circumstances after the crime, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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