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(영문) 서울중앙지방법원 2018.11.15 2018노2668
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two months of imprisonment and one year of imprisonment) is too unreasonable.

2. In full view of the following circumstances: (a) the crime related to narcotics, etc. is not easy to detect in light of its characteristics; (b) the risk of recidivism is high; and (c) the negative impact on society due to the cryptability, toxicity, etc. is significant; and (d) the Defendant started to restrain the crime related to crypphones from committing the same type of crime at the end of three months after the judgment became final and conclusive despite the fact that the Defendant was under suspension of execution; and (e) other various circumstances, which form the conditions for the argument and the records of the instant case, such as the Defendant’s character and behavior, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime, etc., the Defendant committed the crime of cypon medication, even if considering the favorable circumstances for the Defendant, such

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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