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(영문) 대전지방법원 2017.05.11 2017노538

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 (a prison term of 10 months, confiscation and collection) is too unreasonable.

2. The lower court determined the Defendant’s punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and did not find any circumstances that may be newly considered in the trial of the Party. Thus, considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court did not recognize that the lower court’s punishment, which sentenced the Defendant to deviate from the lower limit of the type 3 [one year to 3 years] of the aggravated area (one year) (one year to 1 year), the aggravated area (one year to 3 years), including the medication, simple possession, etc. of the sentence, even in light of the circumstances asserted by the Defendant on the grounds of appeal.

3. In conclusion, 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 (Provided, That in accordance with Article 25 (1) of the Regulation on Criminal Procedure, it is corrected that the defendant's appeal was changed to the defendant's seizure Nos. 1, 2, 3 (excluding those remaining after the seizure of evidence 0.03g) and 4 from the judgment of the court below.