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(영문) 대전지방법원 2020.01.22 2019노3067

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. The fact that the Defendant’s judgment was committed in the first instance, and all of the offenses were committed, is favorable to the Defendant.

The fact that the defendant has a majority of criminal records including punishment, repeats the crime during the period of repeated crime due to the same crime, and commits various crimes such as medication of phiphones, purchase, sale, possession, etc. are disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

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