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(영문) 광주지방법원 2013.08.16 2013노1341

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. When considering the various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below ( Imprisonment of one year and six months, confiscation and collection) is too unreasonable.

2. The fact that the defendant recognized all of the crimes of this case and misunderstanding in depth, and is in the position to support the old parents who are not healthy as the most part of the house and the children of grade 1 with physical disability is favorable circumstances.

However, the Defendant has been sentenced five times for the same crime. In particular, on November 8, 2010, the Daejeon District Court sentenced two years to imprisonment for a violation of the Act on the Control of Narcotics, etc. on July 25, 2012, and sentenced to two years for the crime of violation of the Act on the Control of Narcotics, etc. on July 25, 2012. In addition, the Defendant committed the crime of this case at the same time, taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the frequency of medication, the number of penphonephones being kept in custody, balance with other cases similar to this case, balance between the Defendant’s age, character and conduct, environment, and motive and circumstance of the crime of this case, the Defendant’s assertion is unreasonable because it cannot be deemed that the Defendant’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.