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(영문) 대전지방법원 2015.07.24 2015노1363

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession and reflect of a crime, the Defendant’s live together with the Defendant, and the Defendant’s wife.

B. On the other hand, since narcotics-related crimes are likely to pose a risk of social harm and recidivism, it is necessary to punish the defendant strictly. In light of the fact that the defendant is sentenced to imprisonment with prison labor and punishment, it is inevitable to sentence the defendant's responsibility not to be somewhat weak but to sentence the defendant.

C. In light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, motive, details and consequence of the crime, and circumstances after the crime, the lower court’s sentence is adequate.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.