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(영문) 광주지방법원 2015.12.10 2015노2687
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (10 months of imprisonment, 100,000 won for additional collection) is too unreasonable.

Judgment

The fact that the defendant does not repeat again while he reflects his mistake that he did not repeat again, and that the amount that the defendant received and administered is not more than once more than once, is a favorable sentencing factor.

However, narcotics-related crimes are disadvantageous sentencing factors, such as the fact that the nature of the crime is very heavy in terms of social harm and the risk of recidivism, and that the defendant has a three-time criminal record of the same kind including imprisonment. Other factors such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., and the scope of recommended sentencing guidelines of the Sentencing Committee [the three types such as medication and simple possession of narcotics crimes, etc.]

Items c) and c.

B) The Defendant’s assertion is without merit, given that the lower court’s punishment is too unreasonable, by comprehensively taking account of the following factors: 10 months to 2 years of imprisonment.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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