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(영문) 서울고등법원 2019.11.28 2019노1957
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below imposed on the defendant (a prison term of three years, confiscation, and collection) is too unreasonable.

2. The Defendant made a confession of all of the crimes of this case and repent of his mistake.

An active cooperation was made in the investigation of accomplices.

The defendant has no criminal records of the same kind or suspension of execution.

The family members of the defendant appeal again against the defendant.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances appear to have been sufficiently considered when the defendant alleged in the court below or when the court below decided the punishment against the defendant.

Considering such circumstances and various circumstances as indicated in the “decision on Pronouncement” column of the judgment below, the sentencing of the court below is appropriate, and it does not seem that the Defendant continuously imported and sold various kinds of psychotropic drugs, such as penphonephones, X posters and GHB, by means of international mail, and continuously imported and sold them. The period and frequency of such importation and the amount thereof are considerable, the Defendant recognizes that he sold phiphones and X posters to a large number of persons who are not less than eight, with high sense and addiction, and the Defendant appears not to have neglected the risk of repeating a crime in light of the Defendant’s phiphone medication period and frequency, and the Defendant’s phiphone medication period and frequency, etc., and all of the sentencing conditions indicated in the instant argument, including the Defendant’s age, character and behavior, environment, motive for committing the crime, and circumstances after committing the crime, etc., the sentence of the court below is inappropriate, and it cannot be said that the Defendant’s punishment imposed by discretionary mitigation is too unreasonable.

We do not accept the above arguments of the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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