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(영문) 대전지방법원 2016.10.13 2016노1980
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (a year and six months of imprisonment, confiscation and collection) is too unreasonable.

2. The fact that the defendant is attempting to commit the instant crime, and the fact that the defendant voluntarily surrenders to the investigative agency after committing the instant crime is favorable to the defendant.

However, since the Defendant had been released from the instant crime even though he had served several times due to the same crime, it is inevitable to punish the Defendant with severe punishment. In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions, including the circumstances after the crime, it is not recognized that the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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