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(영문) 서울중앙지방법원 2016.08.11 2016노1222

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months, confiscation, additional collection KRW 967,00) on the summary of the grounds of appeal is too unreasonable.

2. Although the investigation report was submitted to the effect that the Defendant was already stated in the process of undergoing an investigation by the prosecutor's office in this case, it cannot be viewed as a change in circumstances that may be newly considered after the sentence of the lower judgment, and at the time of the first investigation by the police and the prosecutor's office, the Defendant purchased phiphones from other persons than the above D, in the event of the first investigation by the police and the prosecutor's office

In full view of the fact that he made a false statement, the frequency of crimes, the quantity of philophones handled by the defendant, the sentencing guidelines, etc., the sentence of the court below exceeded the reasonable scope of discretion because it is too large.

shall not be deemed to exist.

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.