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(영문) 서울중앙지방법원 2018.12.20 2018노2422
마약류관리에관한법률위반(향정)등
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 there is a significant negative impact on the society as a whole due to decryability, toxicity, etc.

Although the Defendant had been punished several times due to the crimes related to narcotics, he/she committed each of the crimes in this case during the period of repeated crime.

The number of notes and marijuana handled by the defendant is not many, and the number of times is also many.

In full view of other circumstances, including the Defendant’s character and conduct, the background, means and methods of committing the crime, and the circumstances after committing the crime, etc., as well as the sentencing conditions indicated in the instant arguments and records, the Defendant suffers adult AD, and the Defendant does not repeat the crime related to narcotics again by finding treatment drugs, not narcotics.

Even in light of the circumstances favorable to the defendant, such as the fact that the sentence imposed by the court below 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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