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(영문) 서울중앙지방법원 2020.02.18 2019노3498
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., 4 months of imprisonment, 1 year of imprisonment and 1,300,000 won of penalty) declared by the court below (e.g., 1 year of collection for the remaining crimes) 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 facts of the instant crimes.

The defendant is under the influence of facing his will to her short-term drugs.

In the case of each of the crimes listed in paragraphs 1 and 2 of the Criminal facts in the judgment below concerning the Seoul Central District Court 2019Kadan2526 (Joint) case, it is necessary to consider equity with the case where the judgment was rendered on October 24, 2017 at the same time with the crime of violation of the Narcotics Control Act (fence).

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 five times, and administered 13 times, and the responsibility for the crime is grave.

The Defendant committed each other except the crimes listed in paragraphs 1 and 2 of the judgment below regarding the case of Seoul Central District Court 2019 High Court 2526 (Joint) during the period of repeated crime due to the same criminal record.

The defendant has a past record of criminal punishment four times (two times of punishment, and two times of fines), and four times of criminal punishment are criminal records identical to each of the crimes 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 result of the crime, etc. are added to all the sentencing factors indicated in the records and arguments, the sentencing conditions of the court below against the defendant have been changed in the trial.

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