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(영문) 대전지방법원 2016.09.22 2016노2112

마약류관리에관한법률위반(대마)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant (a punishment of imprisonment of one year and two months, confiscation and collection) is too unreasonable.

2. The fact that the defendant is against his fault 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. 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. It is so decided as per Disposition.

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