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(영문) 광주지방법원 2015.08.20 2015노1456

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of imprisonment, confiscation, collection 1.2 million won) is too unreasonable.

Judgment

It is a favorable sentencing factor that the defendant does not repeat again because he reflects his mistake, and that the defendant actively cooperates with the investigation of accomplices after the confession of the crime.

However, narcotics-related crimes are very serious in terms of social harm and risk of recidivism, and there are many criminal convictions and criminal records of the same kind, including imprisonment, to the defendant. In particular, the fact that the defendant has repeatedly committed the crime of this case without any serious reflectivity even during the repeated period of a repeated crime resulting from the same crime. Such factors are disadvantageous factors of sentencing. The frequency and quantity of the defendant administered or provided chophonephones, various sentencing materials appearing in pleadings, such as the background of the crime, circumstances after the crime, the defendant's age, character and conduct, environment, etc., and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (1 year and six months to six years), 1 and 2 concurrent crimes: Violation of the Act on the Control of Narcotics, etc. [Determination of Penalty] 3 years in violation of the Act on the Control of Narcotics, etc. (2 years and six months from six months from six months from six months from six months from six months from six years from six months from the day of the punishment, the defendant's assertion that the defendant's punishment is too unfair.

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.