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(영문) 서울중앙지방법원 2020.04.07 2019노4240
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. With respect to the decision of the court below on the summary of the grounds of appeal, the court below filed an appeal on the grounds that the punishment is too unreasonable on the grounds that the punishment is too unreasonable. The prosecutor filed an appeal on the grounds that the punishment is too unreasonable.

2. The judgment defendant strongly avoided his intent to scam narcotics, return them to society, and live in good faith by scaming the crime.

However, it is not easy to detect narcotics-related crimes due to their characteristics, and the risk of recidivism is high, as well as negative effects on society as a whole due to declimatic toxicity, etc., so severe punishment is necessary.

In particular, the Defendant committed the instant narcotics crime again in 2016, even though he was placed under the suspension of indictment on the violation of the Act on the Control of Narcotics, etc. (the "Act on the Control of Narcotics, etc."), and in 2019 on the violation of the Act on the Control of Narcotics, etc. (the "Act on the Control of Narcotics, etc.).

In addition to these circumstances, the Defendant’s age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and consequence of the crime, etc. are not deemed to be too heavy or unreasonable in light of the lower court’s punishment.

Therefore, each of the defendant and prosecutor's arguments on unfair sentencing cannot be accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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