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(영문) 광주지방법원 2017.01.24 2016노4476
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year of imprisonment, and additional collection) of the lower court's punishment is too unreasonable.

Judgment

It is recognized that the defendant has cooperatedd in the investigation of other narcotics offenders.

However, the Defendant was punished three times for the same crime in 2005, 2007, and 2012, and two times were under suspension of execution and committed again the instant crime.

In addition, the quantity of the penphone purchased by one defendant is not less than 2.5g, and the frequency of medication is not less than 3 times and the risk of recidivism is recognized.

In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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