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(영문) 청주지방법원 2015.11.05 2015노1006
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment and additional collection) by the lower court is too unreasonable;

2. Circumstances favorable to the defendant are as follows.

The Defendant made a confession of all the crimes of this case.

The defendant did not participate in the distribution of philophones, and seems to have engaged in simple medication.

The defendant supports the mother who suffers from dementia.

However, there are the following disadvantageous circumstances for the defendant.

From 199 to 2010, the Defendant again committed the instant crime even though he had been sentenced to criminal punishment for the same kind of crime on five occasions.

The defendant was arrested while committing a crime No. 1 in the judgment of the court below during the period of repeated crime, and the death of the defendant seems to have been damaged during the period of one year and seven months after the release, and the second crime in the judgment of the court below was committed during the period of escape.

If the defendant is not isolated from society, the risk of recidivism seems to be considerably high.

In addition, in full view of the Defendant’s age, character and conduct, motive and background, means and consequence of the crime, circumstances after the crime, and criminal records, all the sentencing conditions indicated in the instant arguments and records, such as the criminal records, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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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