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(영문) 서울중앙지방법원 2020.02.06 2019노2731
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

400,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of one year and six months, and additional collection of 400,000 won) imposed by the lower court is too unreasonable.

2. In determining narcotics-related crimes, it is not easy to detect them due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole due to declimatic toxicity, etc., so it is necessary to strictly punish them.

The defendant administered 4 times philophones, and the responsibility for the crime is weak, but is not easy.

The Defendant committed each of the crimes of this case during the period of repeated crime due to the same criminal record.

The defendant has been sentenced to criminal punishment on up to 21 occasions (six times of punishment, two times of suspension of execution, and 13 times of fines), and two times of which are the same criminal records as those of each of the crimes of this case.

However, by recognizing all the facts of each of the crimes in this case, the defendant has shown not only cooperation in investigation but also his attitude to repent of his mistake.

The Defendant cooperationd with a large number of criminal investigations related to narcotics.

The defendant is under the influence of facing his will to her short-term drugs.

Defendant-friendly and branch people appeal against Defendant's wife.

In addition, considering the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and result of the crime, etc., the above punishment sentenced by the court below is somewhat inappropriate.

Therefore, the defendant's above assertion is justified.

3. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Grounds for the Judgment of the court below which is written] The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are the same as the corresponding column of the judgment of the court below, thereby citing them as they are.

Application of Statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Criminal Facts;

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