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(영문) 서울북부지방법원 2018.08.31 2018노1006
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 punishment (two years of imprisonment) is too unreasonable.

2. The Defendant made a confession of all his crime and the prevention of recurrence, and the denial of the Defendant’s act is to endeavor to return to normal society with the Defendant’s summary and return to normal society.

On the other hand, the social relationship between the defendant and the defendant seems to be relatively clear by wanting the defendant's wife.

However, each of the crimes of this case is not only the defendant purchased and administered philophones, but also provided for the distribution by receiving or selling them.

It is highly likely that the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was sentenced to imprisonment with prison labor for the same kind of crime and for two years of suspended execution on June 2016, with prison labor for the same type of crime, and without being aware of the fact that the Defendant committed each of the crimes of this case during the suspended execution period.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence of the lower court is too unreasonable.

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

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