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(영문) 서울남부지방법원 2016.07.22 2016노897
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the following: (a) the Defendant confessions each of the instant offenses; (b) has no criminal record exceeding the same criminal record or suspended execution; (c) has a family member to support; (d) has not been engaged in narcotics again; and (e) has cooperation with the narcotics investigation, etc., the punishment imposed by the lower court (one year, confiscation, and additional collection KRW 4.50,00) is too unreasonable.

2. Considering the circumstances alleged by the Defendant, considering that: (a) narcotics-related crimes need to be strictly punished as serious harm to society; (b) in light of the fact that the Defendant continued to administer phiphones while being tried by the lower court on the phiphone medication, there is doubt as to whether or not the Defendant’s aforementioned reflective or differentness is true; (c) there is no particular difference from the sentencing conditions of the lower court; (d) the equity between similar cases and punishment; (d) the number and period of administration of phiphones by the Defendant; (e) the number of times and period of administration of phiphones by the Defendant; (v) the number of times and years of administration of phiphones by the Defendant; (v) the criminal records, age, intelligence and environment; and (v) motive, means and consequence of the crime; and (v) the circumstances after the crime, etc., the sentencing of the lower court does

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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