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(영문) 서울중앙지방법원 2020.01.23 2019노3568
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 800,000 won for collection) imposed by the lower court is too unreasonable.

2. In determining 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 their recoverability, toxicity, etc., so strict punishment is required.

The defendant purchased philophones once, and administered three times, and the responsibility for the crime is not easy, but is not easy.

The defendant has been subject to criminal punishment for four times (one time of actual punishment, two times of suspended execution, and one time of fine). Among them, three times (one time of actual punishment and two times of suspended execution) are criminal records of the same kind as the crimes of this case.

However, the defendant seems to have purchased philophones for medication.

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

The Defendant has no record of criminal punishment for about 10 years and 8 months since he/she was sentenced to a suspended sentence of imprisonment for committing a crime of violation of the Act on the Control of Narcotics, etc. on January 25, 2008.

The Defendant appears to have the intent to lead his own life with good faith, such as seeking jobs, even after being investigated and tried for each of the crimes in this case. However, the possibility of preventing such Defendant from committing the same kind of crime in this case seems to be low.

The representative of the defendant's working company appeals against the defendant.

In addition, in full view of all the sentencing factors indicated in the records and arguments, including the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and background of the crime, method and consequence thereof, etc., it seems that it is necessary to give the defendant an opportunity to improve his/her character and conduct in a state that is not severed from society. The above judgment of the court below is rendered.

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