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(영문) 광주지방법원 2020.10.28 2020노1869
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s punishment (one hundred months of imprisonment and additional collection) is too unreasonable; and

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

The defendant has issued and administered a merptopy for each time, and there are no many times to commit a crime.

The defendant is not healthy after undergoing a heart operation.

However, there is a need to punish narcotics crimes because they are not easy to detect due to their characteristics and have a negative impact on society as well as on the risk of recidivism, such as impairing the public health or inducing other crimes.

The crime of the defendant is not limited to the administration of Melapa, but limited to the delivery to others free of charge, so the quality of the crime is not good.

Defendant has been punished three times for the same crime, and committed the crime of this case again during the period of repeated crime for the same crime.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is 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 since it is without merit. It is so decided as per Disposition.

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