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(영문) 광주지방법원 2016.05.26 2016노532
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a year and six months of imprisonment, and an additional collection) is too unreasonable.

2. That the Defendant’s mistake reflects his/her fault and does not repeat the crime;

It is favorable to the defendant.

On the other hand, the following is disadvantageous.

Defendant has been sentenced to several punishments for the same crime.

In particular, from the date on which the execution of punishment for the same kind of crime is completed, the crime of this case has been committed only once a year.

In addition to the administration of philophones, the nature of the crime is not easy by selling it.

In addition, comprehensively taking account of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., even if considering the circumstances favorable to the defendant, the court below's punishment is too unreasonable, and 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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