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(영문) 서울고등법원 2019.05.09 2019노335
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal (e.g., imprisonment and six months, 1,450,00 won) of the Defendant’s violation of the Act on the Control of Narcotics, etc. (e.g., imprisonment and six months, 1,450,00 won) and the final date of the judgment on the violation of the Act on the Control of Narcotics, etc. (e.g., the date of final judgment) is not December 25, 2015, but October 3, 2015, the lower court determined the grounds for sentencing by mistake and mistake as of December 25, 2015 in determining the grounds for sentencing.

2. Determination

A. The lower court: ① recognized all of the instant crimes from the investigation stage to the lower court’s court, and took into account the circumstances favorable to the Defendant, such as (i) the Defendant’s violation of the Act on the Control of Narcotics, Etc., and some of the circumstances that may be considered in the process of committing the instant crimes; ② Narcotics-related crimes are not easy to detect due to their characteristics, but have a high risk of recidivism; and (ii) have a significant negative impact on society due to their decliability and toxicity, etc.; and (iii) the Defendant simply administered or purchased marijuana and smokes; (iv) further spread the harmful effects of the instant crime by taking into account the crime of selling a penphone to Co-Defendant A, Ltd.; and in particular, even considering the favorable circumstances of the Defendant, it is necessary to strictly punish the Defendant; (v) the Defendant was sentenced to a suspended sentence of 2 months on September 25, 2015 for a violation of the Act on the Control of Narcotics, etc., and the Defendant was sentenced to a suspended sentence of 10 months and less than 10 months following the instant sentence.

(b) Records.

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