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(영문) 광주지방법원 2018.06.28 2018노1326
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the defendant's mistake is recognized and reflects his or her own mistake, and there is no criminal record for the same kind of offense.

On the other hand, narcotics crimes such as the instant case need to be strictly punished for a high risk of recidivism, and the social coasts also require severe crimes. In the case of phiphonephones, the toxicity and harmful effects of them are greater than those of other narcotics, and the crime of this case is committed again despite the past record of criminal punishment in Korea.

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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