beta
(영문) 서울서부지방법원 2016.01.14 2015노1642

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment and one hundred thousand won of additional collection) on the summary of the grounds for appeal is too heavy.

2. The Defendant’s confessions and reflects a criminal act in the first instance, and the crime of this case is a simple medication of phiphones, and the degree of illegality is relatively minor among the crimes related to narcotics.

However, the fact that the defendant has been sentenced two times to imprisonment for the same crime, the fact that the defendant committed the crime of this case during the suspension period after being sentenced to the suspension of the execution of imprisonment for the crime of this kind, and the narcotics are harmful to the soundness of society and the state and the health of the public due to their toxicity, so it is a factor for sentencing disadvantageous to the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, sex, criminal record, etc., the sentence of the court below cannot be deemed unfair because it is too large.

3. In conclusion, 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.

참조조문