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(영문) 의정부지방법원 2016.04.21 2016노253
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, confiscation, collection 300,000 won) is too unreasonable.

2. It is recognized that the judgment of the defendant voluntarily and actively shows the intention to treat addiction, and that the defendant has a family member to support, such as the defendant's identification with the climatic cancer.

However, it is also recognized that the Defendant had a large amount of philophones after medication, narcotics-related crimes have significant adverse effects on the individuals and society as well as society due to their toxicity, and the Defendant has committed the same kind of crime again during the period of repeated crime due to previous convictions in the judgment of the court below, and there are other criminal records of the same kind of punishment on seven occasions.

In full view of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the sentencing guidelines set forth in the Supreme Court's sentencing committee (one year to three years) / [the scope of the recommended sentence] medication, simple possession, etc. of the aggravated area (one year to three years) (one year to three years) of the aggravated area (one year to three years) of the aggravated area (one year to three years), the scope of the previous conviction and (three years of the suspended execution within three years), the court below cannot be said to be improper since the court below exceeded the minimum limit of the recommended sentence.

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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