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(영문) 광주지방법원 2017.12.19 2017노3707
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant did not sell or bring a lawsuit against 0.3 g in total, and did not deal with a large amount of the instant crime. The instant crime constitutes a violation of the Act on the Control of Narcotics, Etc., which became final and conclusive on April 1, 2017 and a single concurrent crime after Article 37 of the Criminal Act, and thus simultaneously constitutes a single concurrent crime, the equity should be taken into account when the judgment was rendered.

However, the defendant not only has the record of being punished twice for the same crime, but also the above final judgment purchased and administered the merpt camin, while the crime of this case is different from the nature of the crime because it provides other persons with narcotics.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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