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(영문) 서울고등법원 2017.05.11 2017노410
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the judgment defendant repents his mistake.

However, the crime of this case is committed by the defendant, who received and owns Stockholm Papy, which is a local mental medicine, and purchases and administers mephones, which is a local mental medicine, without narcotics handler, and receives and administers mephones over several times, receives and takes, keeps, and smokes marijuana, and the nature of the crime is not good. The defendant recommended his wife to administer mephones over several times, and recommended the defendant to administer mephones. The statutory punishment of the crime of violation of the Act on the Control of Narcotics, Etc. by Waterway such as the Stockholm Papy, etc. of this case is imprisonment for life or for more than five years. The court below's choice of imprisonment for a limited term of imprisonment for a limited term of two years and six years and less, and then reduced the amount of imprisonment for a limited term, and the defendant's appearance and frequency handled by the defendant, and the circumstances of the crime of this case are not recognized, and the defendant's motive and condition of the crime of this case's punishment are not recognized after the defendant's unlawful crime of this case.

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. It is so decided as per Disposition.

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