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(영문) 의정부지방법원 2016.07.22 2016노971 (1)

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and two months of imprisonment, additional collection) on the defendant is too unreasonable, due to the summary of the reasons for appeal.

2. The circumstances favorable to the defendant include: (a) the defendant shows the attitude of reflecting all of the crimes in this case; (b) the arrest of other narcotics-related criminals; and (c) the mother and her father support her daughters.

However, there is a need for severe punishment due to severe social disorder in the crime related to narcotics, etc.; the crime of this case is that the defendant purchased phiphonephones once and administered eight times; the crime of this case is not good in light of the method, frequency, etc. of the crime; the defendant's quantity of phiphones administered each time is relatively large; the defendant has been punished several times for the same crime; although he is still under the period of suspension of execution due to the same kind of crime, he is not well aware of the crime of this case; the court below seems to have set a punishment within the scope of the recommended sentence set by the sentencing guidelines, taking into account the various circumstances of the defendant, and there is no special change in circumstances that can reduce the punishment of the court below, taking into account the sentencing balance with the case of the same and similar kind of crime and other circumstances of the defendant's age, sex, environment, process, method of the crime, circumstances after the crime, criminal records and changes in the records of this case and family relations, etc., it cannot be deemed that the judgment of the court below is improper and unreasonable.

Therefore, the defendant's assertion is without merit.

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