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(영문) 서울중앙지방법원 2019.01.17 2018노3305
마약류관리에관한법률위반(향정)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

(F) The punishment sentenced by the lower court (10 months of imprisonment) is too unreasonable.

The above-mentioned sentence sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

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 decliability, toxicity, etc., so severe punishment is needed.

Defendant has been punished several times by committing the same kind of crime.

The defendant's administration of philophones has not been limited to the number of times and also committed the crime of selling philophones.

On the other hand, the defendant runs deeply against his wrongness.

For about 10 years, there have been living without any particular criminal record.

In addition, comprehensively taking account of the Defendant’s environment, motive and background of the crime, means and methods, and the circumstances after the crime, etc., various circumstances constituting the conditions for the instant pleadings and the sentencing indicated in the record, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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