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(영문) 대전고등법원 2016.04.01 2016노37
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Improper sentencing on the gist of reasons for appeal: The sentence of the lower court (three years of imprisonment) is too heavy.

2. As the judgment of the court below revealed, it is not necessary to say again that the harm and injury inflicted on the society is very great.

In addition, the term "bredly listed drug" in the name of the defendant is not only a strong spawnity, toxicity, and radio wave, but also a new kind of drug that is highly harmful to the human body, and its punishment among the crimes of narcotics is highly high, it is the highest penalty as imprisonment for life or imprisonment for a limited term of not less than five years.

In addition, the defendant is not only a simple medication but also a wholesale role in the wholesale of narcotics, etc. that spread it to many and unspecified persons for the purpose of earning profits, and therefore the criminal liability is less severe.

subsection (b) of this section.

In light of these circumstances, even if the circumstances favorable to the defendant such as the confession of and reflect against the defendant's crime, the defendant who had no record of the same kind of crime was involved in the crime of narcotics due to the circumstance like his assertion, and the active cooperation in arresting another narcotics offender during the investigation process, etc. are sufficiently considered, the defendant who committed the crime of narcotics with a high punishment cannot avoid severe criminal liability corresponding thereto.

In determining the punishment against the defendant, the court below reduced the statutory punishment by reflecting the above favorable circumstances as seen above, and then decided the punishment for three years near the lower limit of the punishment within the scope of the recommendation of the sentencing guidelines set by the sentencing committee of the Supreme Court. In full view of the various factors of sentencing, including the disadvantageous circumstances and favorable circumstances to the defendant expressed in the argument of this case, it is acceptable that the punishment is reasonable, and it is too heavy as the defendant asserts.

subsection (b) of this section.

Therefore, the defendant's argument of sentencing is not accepted.

3. Conclusion.

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