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(영문) 광주지방법원 2017.11.21 2017노2512
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant did not cooperate in the investigation of narcotics and had no record of being taken after 2011.

However, in light of the fact that the Defendant sold approximately 130 g merpters over four years, purchased 50 g merpters, and possessed approximately 24 g merpters, the Defendant seems to have distributed a large amount of merpters professionally over a long period of time, and there is a very little amount of history of having been punished 6 times for the same kind of crime, and there is five times of history of having been punished by imprisonment.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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