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(영문) 서울중앙지방법원 2020.01.16 2019노3137
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, confiscation, and collection 4.2 million won) imposed by the lower court is too unreasonable.

2. The Defendant appears to have purchased phiphones for administration.

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

Defendant did not have any criminal record identical to each of the crimes in this case.

Defendant

In addition, the mother of the defendant seems not to have good health status.

Defendant has family members to be supported.

The spouse, parents, and branch of the defendant appeal against the defendant.

However, the defendant purchased philophones more than three times, administered philophones more than five times, issued a single philophone, and carried a single philophones.

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 defendants have past records of criminal punishment for up to 13 times (up to two times suspended execution of sentence, and up to 11 times of fine).

In addition, even if 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 added to all the sentencing factors indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is unfair because it goes beyond reasonable discretion.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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