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(영문) 서울중앙지방법원 2019.07.04 2019노529
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of punishment) that the lower court rendered (e.g., imprisonment for two months with respect to the violation of the Act on the Control of Narcotics, etc. (e.g., the purchase of phiphonephones on February 7, 2018) and imprisonment for one year with respect to the remaining violation of the Act on the Control of Narcotics, etc. (e.g., the penalty of one million won and six

2. The Defendant, by recognizing all of the instant crimes, appears not only to cooperate in the investigation but also to repent of his mistake.

On June 8, 2018, the Defendant voluntarily surrendered at the examination box of the Seoul Guro Police Station.

The defendant seems to have purchased, received, or taken notes for medication.

In the case of a violation of the Act on the Control of Narcotics, etc. (fence) through the purchase of phiphones on February 7, 2018, it is necessary to consider equity in the case of a violation of the Act on the Control of Narcotics, etc. (flavo), which became final and conclusive on February 8, 2018, and a violation of the Act on the Control of Narcotics, etc. (flavo) which became final and conclusive on July 4

It seems that the health status of the defendant is not good.

The defendant is under the influence of medical treatment.

The parents of the defendant appeal against the defendant's wife.

However, the defendant purchased philophones over 12 times, received philophones once, and administered philophones over five times, and the responsibility for the crime is hot.

Among each of the crimes in this case, each of the crimes in this case except the crime of violation of the Act on the Control of Narcotics, etc. (fence) due to the purchase of phiphones on February 7, 2018 was committed during the probation period for the illegal use of automobiles.

In the case of narcotics-related crimes, it is not easy to detect them due to their characteristics, and the risk of recidivism is high, as well as the negative impact on society as a whole due to declimatic toxicity, etc., it is necessary to severely punish them.

The defendant has been under criminal punishment for three times (two times of suspended execution, and one time of fine). Among them, one time of suspended execution is the same criminal record as that of each of the crimes in this case.

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