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(영문) 의정부지방법원 2016.09.23 2016노1927
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfair (a punishment of eight months, confiscation, and collection) (the defendant explicitly withdraws his/her assertion of mistake as to facts on the first trial date of the court of first instance). 2. The judgment of the court below shows the attitude that the defendant recognized all of the crimes of this case and reflects it, and there is no past record of criminal punishment in the Republic of Korea prior to the instant case, etc. are favorable to the defendant.

However, there is a need for strict punishment due to severe social prejudice in the crime related to narcotics, the crime of this case is deemed to have been administered five instances by the defendant, and the crime of this case is sold twice, the quality of the crime is not good in light of the method, frequency, etc. of the crime, and the amount of penphones administered or sold by the defendant is not large. Considering the favorable circumstances of the defendant, the court below appears to have set the punishment by leaving the lower limit of the recommended sentence set by the sentencing guidelines, taking into account sufficient consideration that there is no special change in circumstances to mitigate the punishment of the court below, and taking into account the balance with the sentencing of the same and similar incidents and other factors, such as the defendant's age, sex, environment, background, method, circumstance after the crime, and criminal record and the changes theory, it cannot be deemed to have been unfair since the sentence imposed by the court below is too appropriate and 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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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