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(영문) 서울서부지방법원 2019.02.21 2018노1757
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment and additional collection) by the lower court is too unreasonable;

2. It is more favorable that the Defendant’s judgment fully acknowledges his or her mistake, does not have the same criminal record, and does not repeat a crime.

However, narcotics crimes are not easy to detect due to their characteristics, and the risk of recidivism is high, as well as negative effects on the society as a whole due to decliability and toxicity.

The defendant purchases philophones over four times and administers philophones over six times in a large number of times.

In this court, while being tried in the 2018 Highest 2967 case, the fact that the court had again purchased or administered the penphone was revealed as K's number.

In addition, the sentencing of the lower court cannot be deemed unfair because it is too unreasonable, considering the various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, means and consequence of the crime, and the circumstances after the crime.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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