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(영문) 의정부지방법원 2016.03.24 2015노2988
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year of imprisonment, confiscation, additional collection of 250,00 won) on the defendant is too unreasonable.

2. It is recognized that the defendant's frequency of scopon medication and the frequency of smoking marijuana are only limited to once, the defendant has no record of being punished for scopon medication, and the defendant shows an active intention to treat addiction in the future.

However, in full view of the following factors: (a) the Defendant solicited another person to administer a scopon and caused the administration; (b) the quality of the crime is not good; (c) narcotics-related crimes have a significant adverse impact on the society as well as the relevant individuals due to their toxicity; (d) the Defendant has the same criminal record as sentenced to a two-year suspended sentence in October due to a violation of the Narcotics Control Act at the District Court of the Jung-gu on April 26, 2012; and (e) other factors, including the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime; and (e) the recommended sentencing range according to the sentencing guidelines set by the Supreme Court Decision.

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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