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(영문) 서울중앙지방법원 2018.09.06 2018노1840
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In the case of narcotics-related crimes, it is not easy to detect them in light of their characteristics, and there is a high risk of recidivism, and it is necessary to severely punish the negative impacts on the society as a whole due to decliability and toxicity.

Furthermore, the defendant committed each of the crimes of this case during the period of repeated crime due to the same crime.

It seems that the court below has already selected and sentenced the lowest limit of the sentencing guidelines by reflecting the sentencing of the defendant's emergency treatment for another person's life in the prison.

In full view of other circumstances that form the conditions of the instant pleadings and the sentencing indicated in the records, such as the character, conduct, environment, motive and background of the offense, means and methods of the offense, and the circumstances after the offense, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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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