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(영문) 의정부지방법원 2017.01.12 2016노2636
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (i.e., imprisonment of 10 months, additional collection of 110,000 won, and (ii) imprisonment of 8 months, 1100,000 won) declared by the lower court to the Defendants is too unreasonable.

2. Determination

A. It is recognized that there is a need to consider equity in the case where the defendant A received a judgment at the same time with the crime recorded in the records of the crime as stated in the judgment of the court below, the fact that there is no criminal record of the same kind, and there is a family member to support the crime of this case (a wife and child).

However, the defendant repeatedly purchased philophones from the defendant B and administered them, and narcotics crime is a crime that requires severe punishment as well as severe harm to the society due to its toxicity.

The defendant has a previous offense, including the previous offense, and has been subject to a set of concurrent votes.

Although the defendant has cooperatedd in the investigation of other narcotics crimes by the investigative agency, it is difficult to say that it reaches an important cooperation in the investigation.

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 circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

B. As to the criminal facts of this case in this case, it is recognized that there is a need to consider equity in the case where the defendant received a judgment at the same time as the criminal records stated in the judgment of the court below, and that there is a family member ( mother, wife, and child) to support the defendant.

However, the defendant's act of selling philopon as the upper line of defendant A, and the crime of such act is heavy.

The defendant's crime of violation of the Act on the Control of Narcotics, Etc. (componion) as stated in the judgment below which became final and conclusive shall be four times a philopon.

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