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(영문) 서울남부지방법원 2018.12.11 2018노1535
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the summary of the grounds for appeal (a year and six months of imprisonment and an additional collection of KRW 3 million) is too unreasonable.

2. The circumstances that the Defendant recognized each of the instant crimes, thereby against his mistake, suffered from congenital immunodeficiency disorder, and the Defendant’s mother complained of the Defendant’s wife while making efforts to ensure that the Defendant’s mother can cut narcotics.

However, each of the crimes of this case is the purchase and medication of philophones several times, and the criminal liability is heavy in light of the form, frequency, etc. of the crime.

This crime of narcotics needs to be strictly punished and eradicated in light of the addiction of narcotics and the social harm caused by medication of narcotics.

Furthermore, the defendant is highly likely to be subject to criticism because he/she is not aware of during the period of suspension of execution due to the same crime, and again committed the crime of this case.

The judgment below

There are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence.

In addition, the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s age, sex, family environment, background of the crime, mode of crime, and circumstances after the crime; and (b) all of the sentencing circumstances revealed in the instant records and theories.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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