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(영문) 서울북부지방법원 2015.10.15 2015노1443

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one hundred months of imprisonment, confiscation and collection KRW 488,000) sentenced by the court below against the defendant is too unreasonable.

2. The judgment is based on the fact that the defendant's mistake is recognized and reflects the depth of the defendant, and that the investigative agency actively cooperates in the investigation by confirming the identity of D who sold a phiphone, etc. The defendant suffered from high blood pressure, urology and chronic virus C infection, etc., and the health condition is deemed to be bad. However, the defendant has already been punished three times due to the same crime as the crime in this case, etc., and the defendant has already been punished by imprisonment, imprisonment for a limited term of imprisonment and imprisonment for a limited term of three times, and the amount of each phiphone purchased or administered a phiphone is not much small, and the period of each phiphone purchased or administered a phiphone is short, and other various circumstances that form the conditions of sentencing as shown in the records, such as the motive and background leading up to each crime in this case, the circumstances before and after each crime, the defendant's age, family relationship, personality and behavior, and occupation, the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.