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(영문) 서울중앙지방법원 2019.07.11 2019노984
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year and additional collection of 300,000 won) imposed by the lower court is too unreasonable.

2. The Defendant purchased a one-time penphone and administered a one-time penphone, and it cannot be deemed that the responsibility for the crime is very heavy.

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 is under the influence of medical treatment.

The parents of the defendant appeal against the defendant's wife.

The defendant asserts that he voluntarily surrendered. However, the father of the defendant reported the defendant to 112, the father of the defendant was reported to the defendant, and the police officer who was dispatched by his father as his report, reported to the defendant that the defendant attempted to help the defendant because he reported the fact that the defendant was able to visit the police officer.

The fact that the defendant stated "" (see 9, 10 pages 9, 10), and the defendant makes a conversation with Abdones in the prosecutor's office.

The author laid down the left philophone with the window because of the embarrasses that he reported.

In light of the fact that the defendant stated as "" (see, e.g., records 93, 94 of evidence), since it cannot be deemed that the defendant voluntarily surrendered, the above argument by the defendant cannot be accepted. However, the defendant committed each of the crimes of this case during the period of repeated crime due to the same criminal record.

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.

All the defendants have a record of criminal punishment for a period of up to 11 times (eight times of punishment, one suspended sentence, and two times of fines), and five times of which is the same criminal records as those of each of the crimes of this case.

In addition, the defendant's age, career, character and conduct, environment, family relationship, social relationship, and motive for committing the crime.

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