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(영문) 의정부지방법원 2017.04.27 2017노260
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a punishment of eight months, additional collection of 1.2 million won) is too unreasonable.

2. The Defendant is not subject to criminal punishment in Korea.

On the other hand, the defendant purchases and administers philophones, and repeatedly arranges arranging the trade of philophones, and narcotics crimes are crimes that require severe punishment of harm and injury to the society as well as criminals due to their toxicity.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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