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(영문) 수원고등법원 2019.10.17 2019노148
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year, confiscation, and collection) imposed by the court below is too unreasonable.

2. The following facts are favorable to the Defendants: (a) the Defendant’s confessions and reflects all the instant crimes; (b) the Defendant did not have the same criminal power to punish the Defendant; (c) the Defendant traded marijuana and writingphones for the purpose of simple smoking, medication, or possession; and (d) the Defendant determined that it was not for profit; (d) the Defendant actively cooperated in the investigation by actively cooperating with the investigation, such as aiding the marijuana along with the E or himself who supplied it during the investigation process, or assisting in smoking marijuana or arresting N, X that administered phiphones; and (e) the Defendant’s mother and its branch wanting to turn on the Defendant

However, the defendant, who is not a person handling narcotics, provided two occasions of hemp trade and attempted marijuana trade, one time of receiving and selling marijuana, two times of smoking marijuana, one time of receiving and selling phiphones, one time of receiving and selling phiphones, one time of receiving and selling phiphones, one time of providing phiphones, and two times of receiving and selling phiphones. Narcotics crimes are highly likely to repeat crimes, as well as there is a high risk of recidivism, and there is a need to strictly punish the crimes because there is a high possibility of causing additional crimes, and there is a high possibility of causing additional crimes, and the amount of marijuana and phiphones that the defendant purchased or intended to purchase are provided to female-gu N or Dophones, and the defendant provided a part of the hemp or phiphones together, and the defendant was sentenced to six months of imprisonment with prison labor at the Ulsan District Court on July 6, 2018, and the defendant did not have any specific change in the execution period and the execution period from July 14, 2018.

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