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(영문) 광주지방법원 2018.12.20 2018노3036
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 term of eight months, confiscation and collection) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected his mistake, and stated about the person who delivered his phiphones to himself, etc. are favorable circumstances.

On the other hand, the crime of narcotics, such as this case, is highly likely to repeat a crime, social harm is very serious, and the defendant has been sentenced once to a suspended sentence of imprisonment for the same kind of crime, as well as the fact that he again commits the crime of this case even though he had been punished several times, is disadvantageous.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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