logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.11.05 2015노1504 (1)
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment, confiscation and collection) is too unreasonable.

Judgment

The fact that the defendant repents his mistake and reflects his mistake, and that it has been done in order to actively cooperate in the investigation to arrest a separate fraud and a criminal related to narcotics crimes.

However, narcotics-related crimes require strict punishment in terms of social harm and risk of recidivism; the defendant simply administers and possesses phiphones; the defendant spreads phiphones by selling phiphones to others; the defendant has the record of being punished several times for the same crime; in particular, even if he/she had been punished for a repeated crime due to the same crime, he/she repeats each of the crimes in this case; the court below seems to have taken into account the favorable circumstances for the defendant; it seems that the court below's failure to reduce the sentence of the court below just because he/she has cooperated with the investigation related to narcotics crimes after the sentence of the court below was made; the punishment of the court below is not likely to reach the extent of mitigation of the sentence; all of the sentencing conditions indicated in this case, such as the defendant's age, character and environment; the background and consequence of the crime in this case; the circumstances after the crime was committed; and the extent of guidelines for sentencing [the scope of imprisonment with prison labor for not less than one year and one-third years [the scope of imprisonment with prison labor] [the basic types, one-third or more years, such as the basic types of imprisonment [the scope of imprisonment, etc.].]

arrow