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(영문) 의정부지방법원 2016.10.06 2016노1656
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (the penalty of imprisonment for one year and six months, confiscation, confiscation, 1,833,200 won) is too unreasonable.

2. It is recognized that the judgment of the defendant faithfully cooperates with the investigation of drug crimes related to the defendant, actively shows the intention of addiction treatment, there are family members to support (child) and health conditions.

However, in light of the fact that the defendant was in the position to sell philophones and that the amount of philophones sold or possessed by the defendant is considerably large, the crime is hot.

Some of the crimes committed by the defendant are crimes committed during the period of repeated crime due to the same kind of crime, and the defendant has a large number of criminal records.

It is difficult to evaluate that the defendant's cooperation in the investigation of drug crimes led to "important investigation cooperation", which is a special form of punishment specified in the sentencing guidelines set by the Supreme Court sentencing committee, by informing an investigative agency of the persons who sell or provide phiphones.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

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 ground that it is without merit. It is so decided as per Disposition.

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