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(영문) 의정부지방법원 2016.03.25 2016노95
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and six months of imprisonment, additional collection) on the defendant is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant recognized all of the instant crimes and reflects his mistake; (b) the fact that the philophone or marijuana handled by the Defendant is relatively small; and (c) the Defendant suffers from a disease, such as a yellow disorder.

However, in full view of the circumstances that are disadvantageous to the society of the crime related to narcotics, etc., the necessity of severe punishment exists, the defendant has been punished several times, including the same kind of drug crime, and in particular, as stated in the first head of the crime in the judgment of the court below, the defendant was punished for the crime of damages to public goods, etc., and there is a high possibility of undermining the crime during the repeated crime period. The court below appears to have set the punishment within the scope of the recommended sentence set by the sentencing guidelines, taking full account of the favorable circumstances of the defendant, such as the fact that there is no special change in circumstances that could reduce the sentence of the court below, and other circumstances that are the conditions for the sentencing specified in the defendant's age, sexual behavior, environment, the background, means and consequence of the crime in this case, the circumstances after the crime, the criminal records, and health status, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is too appropriate

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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