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(영문) 의정부지방법원 2016.03.31 2016노87
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of 10 months, confiscation and collection) is too unreasonable.

2. It is recognized that the defendant's scopon administered only once, that the defendant has no record of punishment for the administration of scopon, that the defendant's family members are leading, and that the defendant also complained of the defendant's prior action, and that the defendant does not repeat the crime.

However, in full view of the fact that the Defendant had a large amount of philophones after medication, narcotics-related crimes have a significant adverse effect on the individuals and society as well as the relevant individuals due to their toxicity, and the Defendant had a criminal record of the same kind who was sentenced to a suspended sentence of two years in the Seoul Eastern District Court on December 21, 2009 due to a violation of the Narcotics Control Act (marijus) at the Seoul Eastern District Court on December 21, 2009, and other factors such as the Defendant’s age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court Decision on Punishment of Sentencing, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that the Defendant’s appeal is obviously a clerical error of approximately 0.95g (including vinyls) of the second page 8 of the judgment below, and thus, it is obvious that the Defendant’s appeal is a clerical error of “ approximately 0.47gg”, and it is corrected ex officio in accordance with Article 2

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