beta
(영문) 의정부지방법원 2012.11.23 2012노1949

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment) is too unreasonable.

2. The judgment of the court below recognized the facts charged in this case and reflects it, and provided assistance in arresting E in the investigation of E who delivered narcotics to the defendant by the investigative agency, but there are three times the criminal records of punishment for the same criminal act (two times the actual punishment, one time the suspension of execution). The defendant committed the crime in this case even though he was a repeated crime due to the same criminal act, and the court below seems to have been sentenced in consideration of the reasons for sentencing alleged by the defendant. In full view of all other circumstances such as the defendant's age, character, character, family relation, environment, occupation, circumstance and contents of the crime in this case, etc., the sentence of the court below cannot be deemed to be unfair since the sentence of the court below is too excessive. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.