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(영문) 서울중앙지방법원 2018.12.13 2018노2364
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (unfair sentencing), the defendant asserts that the defendant is too unreasonable due to his excessive fault, and that the prosecutor is too unfasible and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

Each of the crimes of this case is that the defendant administered a philophone and a single x master, and smoked marijuana, and the crime liability is not less severe in light of the social harm of the narcotics crime and the frequency of the crimes.

In particular, it is not good that the name of the woman who was administered together with philophones when both men and women gather at the defendant's house and died from addiction to Metropha.

The Defendant committed each of the instant crimes without being aware of it during the period of suspension of execution due to other crimes.

Such circumstances are disadvantageous to the defendant.

However, the defendants are all aware of the crimes, and they are against the defendant's family members, and they appeal against the defendant's family members.

The defendant has no same criminal record as narcotics.

Such circumstances are favorable to the defendant.

In addition, if the defendant's age, career, sex, environment, family relation, social relation, motive and circumstance of the crime, and one of the medication have died, considering various conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, equity in sentencing with other accomplices, etc., the sentence of the court below is determined to be reasonable within the scope of the court's sentencing discretion, and is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, 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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