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광주지방법원 2017.12.21 2017노3988

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, confiscation and collection) is too unreasonable.

2. The fact that the Defendant recognized the Defendant as committing the crime, and there is no domestic criminal record, etc. However, the instant crime is not deemed unfair because the Defendant’s punishment is too excessive, in full view of the following: (a) the Defendant, while illegally staying in the Republic of Korea, distributed phiphones against the same son; or (b) administered phiphones together with them; (c) the nature of the crime is very poor in light of the background of the crime, method of committing the crime, content of the crime, the role of the Defendant; and (d) other unfavorable factors such as the Defendant’s age, sexual behavior, environment, family relationship, and circumstances after committing the crime.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.