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(영문) 의정부지방법원 2016.11.17 2016노2484
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, confiscation, and collection) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the defendant has a family member to support.

However, the Defendant again committed the same kind of crime at the time when 10 days have not passed since he completed the execution of imprisonment with prison labor for the same crime (the same type of repeated crime). The Defendant purchased a large quantity of philophones up to 2.8g and purchased them two times. In light of the quantity of philophones handled, the Defendant is fright to commit the crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be 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 ground that it is without merit. It is so decided as per Disposition.

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