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(영문) 광주지방법원 2021.03.17 2021노64
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (6 months of imprisonment, 6 months of confiscation) is too unreasonable.

2. The accused acknowledges the crime and repents the wrongness.

The family members and branch members of the defendant want to guide the defendant and the defendant's wife.

In the case of fraud crime, it was limited to attempted crime, and there is no amount intended to acquire by fraud.

However, following the completion of the execution of imprisonment with prison labor as a crime of fraud, the Defendant committed the crime of this case at another time during the repeated crime period, and the crime of this case is a sale advertisement that is likely to induce abuse of narcotics, etc. on the Internet which many unspecified people can see, and the crime of this case is not likely to be committed in light of the criminal law, etc.

In addition, comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means, and consequence, as shown in records and pleadings, the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, 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. It is so decided as per Disposition.

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