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(영문) 서울중앙지방법원 2017.02.09 2016노4560
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and three months, etc.) is too unreasonable.

2. In full view of the following circumstances, the lower court’s punishment against the Defendant is deemed appropriate in light of the following: (a) the Defendant’s age, sex, family relationship, frequency and quantity handling phiphones, and all of the sentencing conditions indicated in the instant records and arguments after committing the crime.

Defendant’s assertion is without merit.

The favorable circumstances: The recognition of each of the crimes in this case and reflects, the defendant's cooperation with the investigation of other narcotics offenders, such as H and K: The crime related to narcotics requires strict response as a crime that causes the degradation of individuals, families, and society as a whole; the crime related to the sale of narcotics is a crime that has a great social harm, such as the mass production of addicts; the defendant has been punished five times as imprisonment with prison labor by committing the same kind of crime; and the crime related to the sale of narcotics has been committed again immediately after the release, and the response is confirmed as a result of the maternal assessment.

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 without merit.

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