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(영문) 전주지방법원 2016.11.11 2016노1188
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and penalty collection) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) actively cooperate with the relevant investigation to contribute to the arrest of accomplices; (c) the Defendant’s family members wanting the Defendant’s prior wife blickly; and (d) the Defendant’s health conditions are not good due to the liver scrupt, etc.

On the other hand, the crime of this case is not less than that of the defendant selling Mesphere two times, and the defendant has committed the crime of this case without being aware of the history of criminal punishment for imprisonment several times due to the same kind of crime. Narcotics-related crimes require strict punishment in that it has great harm and injury to society throughout the society, such as avoiding the body and mind of an individual and damaging the public health. One year of imprisonment with prison labor sentenced by the court below is the lowest of the recommended sentence (one year to two years of imprisonment) according to the sentencing guidelines of the Sentencing Commission of the Supreme Court.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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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