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(영문) 서울중앙지방법원 2017.04.27 2016노5090

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and ten months of imprisonment) is too unreasonable.

2. The lower court determined that the crime related to narcotics is an individual, home, society, and human as a result of the mination of the entire human society, and thus, requires a strict punishment in that it is an individual’s social pathology beyond the criminal act.

After premised on the premise that the defendant recognized the crime of this case under favorable circumstances, the defendant sentenced the defendant to imprisonment with prison labor for one year and ten months for the defendant, taking into account the following circumstances: (a) the defendant did not limit the administration of phiphones only to himself; (b) the transfer of phiphones handled; (c) the fact that phiphones or marijuana-related crimes were committed four times after around 1997; and (d) the fact that the defendant committed the crime of this case during the period of repeated crime due to the same crime.

In light of the sentencing conditions acknowledged by the lower court, the lower court’s sentencing appears to have been within the reasonable scope of discretion, and at the same time, there was no change in the conditions of sentencing compared to the lower court’s judgment (the result of the inquiry of the facts by the Incheon Samsan Police Station, based on the results of the inquiry of the fact, N discovered and informed the investigation agency of the discovery of the person who intends to sell the instant sales offender on February 11, 2017, and arrested the said sales offender with N’s cooperation.)

It is insufficient to view it, and there is no evidence to acknowledge it differently), and the sentencing of the court below cannot be deemed to be unfair because it is too large.

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.