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(영문) 의정부지방법원 2017.05.18 2017노664
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (the penalty of 10 months, 203,00 won) is too unreasonable.

2. It is recognized that the defendant has a family member (a mother, wife, child) to support the defendant, and the defendant has not been punished for the same crime for about 15 years.

However, the crime of this case was committed three times during the period of 3 months, and the liability for the crime is not minor.

In the case of the crime committed by the defendant together with his accomplice, the accomplice was involved in the defendant's vehicle and moved to the place of the crime.

The defendant has four criminal records for the same kind of time.

The high toxicity of narcotics crimes requires severe punishment as well as the harm to the society.

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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