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(영문) 대전지방법원 2015.05.15 2014노3866

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession and reflection of the instant crime, and the Defendant’s wife being the Defendant’s wife.

B. On the other hand, the Defendant’s crime of intimidation is planned and sealed to commit the crime, and the crime related to narcotics is likely to cause social harm and recidivism, so it is necessary to strictly punish the Defendant. In light of the fact that the Defendant was sentenced to imprisonment with prison labor and punishment, and that the Defendant committed the instant crime during the period of repeated crime, and that the Defendant did not agree with the victim, it is inevitable to sentence the Defendant’s liability not to be weak but to be sentenced.

C. In light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, motive, details and consequence of the crime, and circumstances after the crime, the lower court’s sentence is adequate.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.