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(영문) 의정부지방법원 2017.01.06 2016노3076

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison labor for not less than ten months and additional collection) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and showed the attitude of reflecting the instant crime; (b) the frequency of philopon medication was two times; and (c) supporting the mother.

However, considering the fact that there is a serious social disorder in the crime related to narcotics, the necessity for severe punishment, the fact that the defendant has been punished several times for the same kind of crime, the court below appears to have sentenced the lower limit of the recommended punishment set by the sentencing guidelines in full consideration of the defendant's various circumstances, and there is no special change in circumstances to mitigate the sentence of the court below, and the sentencing balance with the defendant's age, sexual conduct, environment, background and method of the crime, circumstances after the crime, criminal records and family relations, etc. in this case and all the other factors of the sentencing as indicated in the records and changes theory, the sentence imposed by the court below cannot be deemed unfair because it is too appropriate and too excessive.

Therefore, the defendant's assertion is without merit.

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