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(영문) 대전지방법원 2016.08.18 2016노548

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (two years of imprisonment and additional collection) is too unreasonable.

2. The fact that the judgment defendant reflects his mistake and does not repeat the crime is favorable to the defendant.

However, in light of the following factors: (a) narcotics-related crimes have a high possibility of avoiding the mind and body of an individual due to their declimatic, toxicity, and radio wave; (b) there is a high possibility that they may have a serious adverse impact on society as a whole, such as harming the health of the people; (c) the Defendant again committed each of the instant crimes despite the fact that he had been punished several times of the same kind of crimes; and (d) other factors such as the Defendant’s age, sex, conduct, environment, motive, means and consequence of the crime; and (e) various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, etc., it is deemed that the sentence of the lower court against the

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That among the summary of evidence in the judgment below, since it is obvious that "Z" in Article 9 of the sentence No. 4 of the judgment below is a clerical error of "N", the defendant's appeal is corrected ex officio under Article 25 (1) of the Rules on Criminal Procedure.