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(영문) 서울중앙지방법원 2019.01.17 2018노3275
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. In the judgment-related crimes involving narcotics, etc., it is not easy to detect them due to their characteristics, and there is a high risk of recidivism, and there is a significant negative impact on the society as a whole due to their decryability and toxicity

The defendant has been subject to suspension of indictment once for the same kind of crime, and has been punished for a single sentence.

Nevertheless, each of the crimes of this case has been committed again during the period of repeated crime.

In addition, considering the circumstances favorable to the defendant, such as the defendant's age, environment, motive, background, means and method of the crime, and circumstances after the crime, etc., the arguments in this case and the sentencing conditions indicated in the records, even if the defendant reflects the crime of philophone medication, and led the defendant to avoid the intention of balon medication, it is not recognized that the sentence imposed by the court below is unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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