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(영문) 의정부지방법원 2017.08.31 2017노1322
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 (the penalty of imprisonment of one year, 388,000 won) is too unreasonable.

2. It is recognized that the defendant has a family member(s) to support the defendant(s).

However, the defendant has repeatedly purchased or received philophones and administered them, and the narcotics crime is a crime that requires strict punishment of harm and harm to the society as well as the criminal due to its toxicity.

Defendant has been punished as a suspended sentence of imprisonment for the same crime.

It is difficult to evaluate that the defendant's cooperation in the investigation of drug crimes led to "important investigative cooperation," which is a special sentencing factor specified in the sentencing guidelines established by the Supreme Court sentencing committee, by informing the investigation agency of the person who provided a phiphone.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court 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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