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(영문) 대전지방법원 2018.12.13 2018노2272

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: The punishment sentenced by the lower court (4 months of imprisonment, confiscation, and collection) is too unreasonable.

2. The judgment of the defendant, despite the fact that the defendant had been 7 times of criminal records including 4 times of the same kind of criminal records, leads to the crime of this case at the same time. The crime of this case is highly likely to be criticized because the defendant did not merely administer phiphones nor sell it. In light of such criminal records of the defendant, etc., the defendant is very weak to observe the law and have a high risk of recidivism.

In light of the fact that all of the crimes of this case are recognized by the defendant, and the fact that the court below's sentence is too heavy even if considering the favorable circumstances for the defendant, such as the fact that the defendant recognizes all of the crimes of this case, and the fact that the equality in the case where punishment is imposed concurrently

shall not be deemed to exist.

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.