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(영문) 청주지방법원 2015.11.20 2015노1073
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment and eight hundred and twenty thousand won of collection) is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, for the last 10 years, the defendant has been employed in the thermal power plant without suppressing the crimes related to narcotics and has lived faithfully.

This is why the Defendant is in the position to support the denial of inconvenience due to severe injuries to the aged(77 years old) and the elderly(77 years old), and that the social support for the Defendant seems to be relatively clear, etc., should be considered in favor of the Defendant in the course of the determination of the punishment for the instant crime.

However, the instant crime was administered once, and received and purchased three times, one of the psychotropic drugs by the Defendant.

The administration of narcotics, etc. is not only to avoid the body and mind of an individual due to their cryptism, toxicity, and radio wave, but also to commit a crime that has a great social harm due to the high possibility of undermining the safety of society and causing relevant crimes, and thus, the punishment for the illegality of such an act is not easy.

In addition, in 200 and 2003, the Defendant was sentenced to the same criminal punishment for each of the same crimes for 6 months, and including this, there has been approximately 14 criminal penalties (including three times of imprisonment and two times of suspended execution) until now.

In addition, the above favorable circumstances appear to have been sufficiently reflected in the judgment of the court below, and the various circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the scope of the sentencing guidelines applicable to the crime of this case (the period of imprisonment between October and March, and the calculation process thereof, as stated by the court below) and the sentence of the suspension of execution, are recommended.

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