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(영문) 의정부지방법원 2016.08.11 2016노1205
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal (one year of imprisonment, one additional collection of 100,00 won) is too unreasonable.

Judgment

It is recognized that the frequency of the instant crime was 0.1g philophones administered once.

However, in the past, the defendant has been sentenced to imprisonment with prison labor for the same kind of crime and has committed the crime of this case again during the period of repeated crime for the same kind of crime.

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, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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