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(영문) 의정부지방법원 2017.03.13 2016노3435

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (a prison labor for six months and collection) is too unreasonable.

2. The judgment is based on the following: (a) the Defendant was aware of the instant crime, and the Defendant showed an attitude to reflect on the instant crime; and (b) the frequency of the philophone medication was only once more favorable to the Defendant.

However, considering the fact that there is a serious social disorder in the crime related to narcotics, the necessity of severe punishment, the fact that the defendant has been punished several times for the same kind of crime, and the court below seems to have sentenced to more severe punishment than the recommended punishment set by the sentencing guidelines, considering the various circumstances of the defendant, taking into account the fact that there is no special change in circumstances to mitigate the sentence of the court below, and other various sentencing conditions of the defendant's age, sex, sex, environment, background and method of the crime, circumstances after the crime, criminal record and family relation, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too appropriate and too unreasonable.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.