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(영문) 광주지방법원 2018.05.08 2018노208
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a year and April, and an additional collection) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.

The fact that the defendant had a criminal record of the same kind of violation of the Act on the Control of Gambling and Narcotics and the Act on the Control of Narcotics, the fact that the defendant administered a penphone again even during the suspension period of the execution of the crime on the medication of phiphones, the defendant is not good to the nature of the crime, such as opening gambling by systematically using the Internet for a considerable period of time, and the crime related to opening the Internet gambling and narcotics is disadvantageous to the defendant in terms of social harm and danger of recidivism.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. 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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