(영문) 서울고등법원 2020.02.14 2019노2738 | 리걸엔진

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(영문) 서울고등법원 2020.02.14 2019노2738

특정범죄가중처벌등에관한법률위반(향정)등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

seizure.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years, confiscation, collection 100,00 won, the imprisonment of one year and six months, confiscation, and collection 10,00 won) declared by the court below to the Defendants is too unreasonable.

2. Determination

A. Narcotics, including Defendant A, marijuana, and phiphones, are highly harmful to individuals and society as well as individuals due to their sense, toxicity, etc.

The defendant issued a large quantity of philophones to the defendant B, administered philophones, and was in possession of philophones and marijuana at his own home, and the responsibility for the crime is not easy.

In particular, the Defendant delivered approximately KRW 5,856,00 of the market price to approximately KRW 29.28g of philophones. Considering that the daily dose of philophones is about 0.03g, this is a considerable amount of money that can be administered about 976 times or 976 times.

However, it cannot be deemed that the Defendant’s family members want to take the Defendant’s wife, the Defendant’s criminal liability is heavy as it differs in the sentence compared to the Defendant B, and the Defendant has no record of being punished for the same kind of crime and has no record of being punished more than the suspended sentence, etc. are favorable to the Defendant.

In full view of all the factors of sentencing, including the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. The lower court determined the Defendant’s sentence against the Defendant, and (1) the narcotics, etc., including phiphones, including phiphones, are highly harmful to individuals and society as well as individuals due to their sculphism, toxicity, etc., and the crime of accepting phiphones of this case is approximately KRW 5,856,00 in the market price.

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