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(영문) 광주지방법원 2018.09.06 2018노2169
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a year and six months, an additional collection of KRW 4,300,000) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the judgment defendant recognized and reflecteds the crime, and that there is no past record of punishment in Korea is favorable to the defendant.

On the other hand, narcotics crimes such as the instant case are likely to repeat crimes, and there is a need to strictly punish them as crimes highly harmful to society, and the Defendant purchased them to sell phiphones beyond simply administering phiphones, and the transfer of them is disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, 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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