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(영문) 광주지방법원 2018.09.13 2018노656
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, observation of protection, community service, collection of penalty) is too unreasonable.

2. The judgment is a favorable condition for the defendant to recognize and reflect his or her mistake, to the effect that the defendant has no criminal record for the same kind of offense, and to actively cooperate in the investigation.

On the other hand, the number of the instant phiphone medication is not significant, and the narcotics crimes, such as this case, are highly likely to repeat crimes and are highly harmful to society, and are disadvantageous to the crime.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. 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 groundless.

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