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(영문) 서울중앙지방법원 2021.01.28 2020노3113
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, confiscation, and collection) shall be too unreasonable as to the summary of the grounds for appeal.

2. The judgment appears to have cooperation with the investigation of accomplices, and the defendant's family members are able to keep out of the will of the punishment by breaking errors, and the defendant's family members also seek the action while leading the defendant, and it is not considered as a favorable sentencing factor.

However, it is not easy to detect narcotics-related crimes in terms of their characteristics, and there is a high risk of recidivism, and the adverse effect on society as a whole due to declimatic toxicity, so severe punishment is required.

The Defendant committed the instant crime while keeping contact with other drug offenders known to him in the detention center after being released from the detention center, and in particular, there is a high possibility of criticism in that he/she administered and sold another drug during the period of repeated crime due to narcotics, and handled and handled it again during the period of repeated crime.

In full view of the following circumstances, the Defendant’s age, career, environment, family relationship, health status, motive and background of the crime, means and consequence of the crime, as well as all of the sentencing factors indicated in the instant records and arguments, including the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair due to excessive circumstances.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. In conclusion, 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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