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(영문) 서울고등법원 2021.03.18 2020노2173
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of one year and six months, the probation period of three years, community service, 80 hours, pharmacologic treatment, 40 hours, confiscation, and collection) is too unreasonable.

2. The Defendant acknowledges the instant crime, cooperates in the investigation, and expresses his intent not to depend on narcotics in the future.

No defendant has previously been punished for a drug crime, and there is no record of criminal punishment exceeding a fine.

The defendant, upon I's request, assisted the trade of philophones once, but not professionally dealt with or sold narcotics, seems to have purchased philophones and marijuana to be administered by himself.

However, narcotics crimes are highly likely to repeat crimes, and they have a significant negative impact on society as a whole, such as harming health and causing other crimes.

The Defendant purchased philophones or marijuana on several occasions for about ten months, administered them together with his accomplices, and previously administered philophones.

The nature of the crime is not good, such as soliciting R to do so.

In a case where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, the appellate court ought to respect the sentencing of the lower court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the health team and the Defendant as the elements of sentencing were already revealed during the pleadings of the lower court, and the circumstances alleged by the Defendant were sufficiently considered, and there is no particular change in the situation in the matters that are the conditions of sentencing

When the court below comprehensively takes into account all the factors of sentencing, including the defendant's age, sex, environment, family relation, motive, background, means and consequence of the crime, circumstances after the crime, applicable sentences, and sentencing guidelines of the Supreme Court sentencing committee, as well as factors of sentencing.

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