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(영문) 대전지방법원 2017.12.20 2017노2296
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment, confiscation, and collection KRW 2260,00) is too unreasonable.

2. The Defendant’s judgment recognized the instant crime and against the mistake, and did not repeat the crime.

It is favorable for the defendant to actively cooperate in the investigation process.

However, in light of the fact that the amount of philophones handled by the Defendant due to the instant crime, social harm caused by narcotics, and the need for eradicating them, the fact that the Defendant had been punished several times due to the same kind of crime, and the fact that the Defendant again committed the instant crime without being aware of it during the period of repeated crime due to the same kind of crime, is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is 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.

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