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(영문) 서울중앙지방법원 2017.02.09 2016노5091
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unreasonable for the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence).

2. Taking into account the equity between the case and the case of a violation of the Act on the Control of Narcotics, Etc. for which the judgment sentence becomes final and conclusive. In full view of the Defendant’s age, sexual conduct, family relationship, the frequency and amount of handling visualphones and marijuana, the circumstances after the crime, etc., the lower court’s sentence against the Defendant is deemed reasonable.

Defendant’s assertion is without merit.

The favorable circumstances: The facts that each of the crimes of this case is recognized and reflected, the fact that philophones, etc. are administered, and that there was no record of punishment before the crime of this case; the fact that there was no record of punishment for the same crime before the crime of this case: Narcotics-related crimes require strict countermeasures; the crime of marijuana-related crimes was committed even after the arrest on April 10, 2015, and even after the release, and the number of times of handling narcotics was not significant; the response to the training of philophones was confirmed from the maternity to the 6cc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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