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(영문) 대전지방법원 2016.05.20 2015노3032

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (a punishment of 10 months, 2 years of suspended sentence, 2 years of probation, observation of protection, community service 160 hours, 40 hours of lectures, 40 hours of pharmacologic treatment, and 4,000 won.).

2. Determination is a favorable condition that the Defendant has led to the confession of all of the crimes of this case, and that the Defendant does not repeat again, etc.

On the other hand, narcotics-related crimes are disadvantageously committed in spite of the fact that the defendant had been sentenced to a suspended sentence of two years in October 2008 due to the same kind of crime, and the fact that the defendant again committed each of the crimes of this case even though he had been sentenced to a suspended sentence of two years in October 2008.

In addition, comprehensively taking account of the motive and background of each of the instant crimes, means and methods, the circumstances before and after the commission of the instant crimes, and other circumstances, such as the Defendant’s age, sex, career, and environment, the sentence of the lower court is too unreasonable.

The above assertion by the defendant is without merit.

3. 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.