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(영문) 서울중앙지방법원 2020.07.30 2020노128
마약류관리에관한법률위반(향정)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 30 million, an additional collection of KRW 1450,000) that the court below rendered is too uneased and unreasonable.

2. In the case of narcotics-related crimes, it is necessary to strictly punish not only the body and mind of an individual due to their cryptiveness and toxicity but also the risk of harming the health and social safety of the people.

The criminal liability of the defendant was committed during the period of repeated crime is not less than that of the defendant.

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

However, if the defendant acknowledges all crimes, misunderstandings in depth, and continues hospital treatment, etc., shows the intention to stop narcotics, and there is no same criminal records.

Such circumstances are factors favorable to the defendant.

In full view of the factors of sentencing unfavorable or favorable to the defendant as above, and other various factors of sentencing as shown in the records and arguments, such as the defendant’s career, character and conduct, environment, family relationship, social relationship, motive and circumstance of the crime, etc., it cannot be said that the sentence of the court below that sentenced the defendant to a fine is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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