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(영문) 대전지방법원 2017.11.01 2017노2145
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, one million won of additional collection) on the summary of the grounds of appeal is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected it, and that there is no record of punishment for the same kind of crime, etc. are favorable circumstances.

However, the crime of this case is committed in such a way that the defendant has administered and purchased a considerable quantity of phiphonephones for a long time, and the nature of the crime is not good, and the social harm caused by narcotics and the necessity of eradicating is required to severely punish narcotics crimes in light of the need for severe punishment, and there are no records of punishment for these crimes (such as punishment, suspension of execution, and punishment).

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment 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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