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(영문) 서울북부지방법원 2015.11.18 2015노1600
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 (one hundred months of imprisonment, one hundred and sixty thousand won of additional collection) is too unreasonable.

2. Although there are no circumstances to consider the Defendant’s confession of all of the instant crimes and reflects the depth thereof when the Defendant was arrested on February 18, 2015 and on March 4, 2015, when he was released on the following day, he/she voluntarily found the prosecutor’s office and stated the fact of receiving and administering his/her penphones. However, the Defendant committed the instant crime even though he/she had had the record of punishment several times for the same kind of crime, and in particular, it is recognized that the delivery of phiphones to D without compensation among the instant crimes was committed during the period of repeated crime due to the same kind of crime. In full view of all the sentencing conditions of the instant case, such as the Defendant’s age, character and conduct, the motive and background of the instant crime, and the circumstances before and after the instant crime, the lower court’s sentence against the Defendant is too unreasonable.

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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