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(영문) 서울고등법원 2019.01.31 2018노2786
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In the case of unfair sentencing: The sentence imposed by the court below on the defendant (one year of imprisonment, confiscation, additional collection of 340,000 won) is too unreasonable.

Judgment

The fact that the defendant voluntarily surrenders himself, recognizes his mistake and reflects his intention, the fact that the defendant shows his intention, and that the relationship between his family and his family appears to be relatively publicly announced by actively participating in rehabilitation programs conducted for the family of the defendant's mother-and-child addict, and that the philophone purchased by the defendant does not seem to have been distributed to a third party, etc. are favorable to the defendant.

However, narcotics-related crimes cause the degradation of individuals, homes, society, and human society as a whole, and there is a high possibility of criticism in that they are the social phenomenon beyond individual criminal acts, and in particular, phiphones are more serious harmful effects on their toxicity and society compared to other narcotics.

In addition, the Defendant was released from the charge of embezzlement, fraud, and philophone medication. Furthermore, even though the judgment of suspended execution became final and conclusive on January 4, 2017 due to the crime of embezzlement, fraud, and philophone medication, and possession, etc., the Defendant committed each of the instant crimes, which were administered and possessed partially, and the possibility of criticism is greater.

In addition, even though the Defendant was under criminal trial on the crime of embezzlement, fraud, and phiphone medication with respect to himself, the Defendant went to commit each of the crimes of this case.

Considering the above circumstances unfavorable to the defendant, the defendant cannot be exempted from severe punishment for the crime.

In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, family relationship, circumstances after the crime, and various sentencing conditions shown in the records and arguments, and in particular, the court below shall participate in a participatory trial.

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