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(영문) 의정부지방법원 2016.06.10 2016노839

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a year and six months, additional collection) imposed by the court below is too unreasonable and unfair (a defendant has withdrawn his argument to the effect that part of the facts charged at the first trial date of the first trial of the court below). 2. The judgment of the court below shows that the defendant was aware of all the crimes of this case, but there is a severe need for severe punishment. The crime of this case is not limited to the simple medication of philopon, but is sold or delivered to other persons several times in light of the method and frequency of the crime, etc., the nature of the crime is not good; the quantity of the philopon sold or administered by the defendant is not large; there was a history of punishment several times for the same kind of crime; there is a high possibility of criticism because the defendant was a repeated crime due to the same kind of crime; the court below appears to have determined the punishment of this case by taking into account the following factors: the defendant's considerable changes in circumstances; the defendant's punishment of this case cannot be deemed to have been determined within the maximum range of punishment;

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That each of the above paragraph 7 and paragraph 8 of the court below's criminal facts is obvious that it is a clerical error, and thus, it is corrected to each of the above Paragraph 6 of the Criminal Procedure Rule in accordance with Article 25 (1) of the Criminal Procedure Rule.).