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(영문) 대전지방법원 2016.12.07 2016노1798
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in October, probation, and additional collection charges) of the lower court is too unreasonable; and

2. It is recognized that the circumstances are to be taken into account, such as the fact that the decision-making defendant has committed all the instant crimes and that there is no record of punishment for the same kind of crime.

However, according to the circumstances such as the fact that the defendant's quantity or frequency of penphones administered by the defendant is very high, repeated crimes have been committed during the short period, and the risk of recidivism is considerable, such as medication of penphones outside Korea, the defendant's liability cannot be deemed to be light.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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