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(영문) 서울고등법원 2017.07.19 2017노1591
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of imprisonment, confiscation and collection) is too unreasonable.

2. The fact that the Defendant recognized his mistake and reflects the Defendant’s health, and that the Defendant’s health status is not good, etc. can be considered in favor of the Defendant.

However, each of the crimes of this case is not appropriate for the defendant to purchase, sell, possess, administer, and purchase, deliver, possess, or smoke marijuana, which is another narcotics, and it is not good for the defendant to commit the crime, such as where the amount of narcotics handled by the defendant is substantial and repeated for a long time.

The defendant has already been punished four times or more for the same crime.

Such circumstances are disadvantageous to the defendant.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, it does not seem that the sentence imposed by the court below is too unreasonable.

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.

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