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(영문) 의정부지방법원 2016.02.16 2015노2813

마약류관리에관한법률위반(마약)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The reason why the judgment of the defendant voluntarily reported the medication to an investigative agency and voluntarily surrenders to the police agency, and the fact that the defendant repents his mistake and reflects it.

However, in full view of the fact that the defendant was punished for the same kind of crime five times, in particular, the crime of this case was committed within the period of repeated crime after being sentenced to punishment for the same crime, the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee (from October to February 2), and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

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.

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