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(영문) 서울남부지방법원 2018.05.03 2016노2615
마약류관리에관한법률위반(향정)
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of Defendant) that the lower court rendered on the Defendant (an amount of KRW 5 million) is too unreasonable.

2. The crime related to the administration of judgment mercules (hereinafter “prophonephones”) need to be strongly responded to not only to avoid the body and mind of an individual due to its serious addiction and propagation, but also to cause serious harm and harm to society as a whole, such as impairing public health and causing relevant crimes.

However, the defendant, who was in a close-friendly relationship with the court below, administered philophones kept by his female at the house of the co-defendant A at the same time, only once, and there are circumstances that can be considered in the circumstances or contents of the crime, considering that it was caused by A's leading or solicitation.

In light of the fact that there are many favorable circumstances for the Defendant, including the fact that the Defendant’s additional philopon medication was not detected as a result of the mouth taken on June 2016 from the Defendant during the investigation of the instant case and the fact that philopon was not detected, the possibility of committing the Defendant’s additional philopon medication was not high, the Defendant’s escape from North Korea on May 2014, which had not been subject to criminal punishment up to now, and the Defendant led to the Defendant’s confession of the crime from the investigation stage to the trial at the court at the trial at the trial at the trial at the trial at the trial at the trial at the same time, and the Defendant sought the same mistake again, and the sentence of a fine of KRW 5 million imposed by the lower court was finalized as it is, for the accomplice A,

In light of the motive and means of committing the Defendant’s age character and conduct environment crimes, including the main circumstances above, and various circumstances, which are the sentencing conditions appearing in the records and pleadings of this case, such as the circumstances after the crime, based on the two sentences of the same kind of case, the lower court’s punishment is somewhat unreasonable.

3. Accordingly, the defendant's appeal is justified.

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