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(영문) 대전지방법원 2018.09.06 2018노1788
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The punishment sentenced by the court below (four months of imprisonment) which is unfair in sentencing is too unreasonable.

2. The crime of narcotics, such as the crime of this case, is one of the serious crimes that must be extracted from our society, and the defendant has 15 criminal records from around 1983 to around 2018. In particular, in light of the criminal records of the defendant, in addition to the criminal records before the final judgment of the court below, the defendant has been sentenced to the same punishment for the same crime in around 2001, and in light of the criminal records of the above defendant, the defendant is extremely weak to observe the law and thus, is highly likely to repeat the crime.

In light of the fact that there is no choice to see that there is a favorable circumstance for the defendant, such as the fact that the defendant was aware of all the crimes of this case and the fact that the defendant should take into account the equity with the case where the judgment was rendered simultaneously with the final judgment of the court below, the punishment imposed by the court below is too unreasonable.

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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