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(영문) 전주지방법원 2014.02.14 2013노1445

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the penalty of 8 months, 500,000 won) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the defendant's recognition of the crime of this case and his depth is divided, the defendant voluntarily surrenders to the investigation agency, the defendant's cooperation with his accomplice, the defendant's health is not good, the defendant must support his wife and her child, and the defendant's family members want to keep the defendant's wife while preventing recidivism.

However, the crime of this case is that the defendant purchased approximately 0.8g philophones, there is a need to punish the defendant strictly considering harm, etc. to society in view of narcotics-related crimes, and the defendant committed the crime of this case repeatedly in the same kind within the grace period despite the fact that he had been sentenced to two years of suspended execution in October 12, 201, in the Jeonju District Court's Gunsan Branch, the defendant committed the crime of this case in the same manner of the suspension of execution in spite of the fact that he had been sentenced to two years of suspended execution on May 12, 2011, and other factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, means and result, etc. before and after the crime, and thus, the defendant'

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