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(영문) 전주지방법원 2015.02.06 2014노1460
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (one year and two months of imprisonment and additional collection of 2,480,000 won) is too unreasonable.

2. The judgment of the court below is acknowledged to be given the following circumstances: (a) the defendant led to the confession of the crime of this case, the defendant cooperates with an investigative agency for arresting other narcotics-related criminal; and (b) the defendant suffers from climatic fluor, etc.; (c) although the crime of this case is not a person handling narcotics, the crime of this case is highly likely to cause social harm and recidivism; (d) the crime of this case is a considerable quantity of the defendant's sales of psychotropic drugs to other persons; (e) the crime of this case reaches 3.1g; (e) the defendant has already been punished several times as punishment; (e) the crime of this case was committed in this case; (e) there is a very high possibility that recidivism is committed; and (e) the defendant's age, character, environment, family relationship, etc., which are the conditions for sentencing in this case; and (e) the punishment of the defendant and his defense counsel is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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