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(영문) 서울중앙지방법원 2016.11.24 2016노3597
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The lower court’s punishment against the Defendant is deemed appropriate in light of the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, family relationship, details of each of the instant crimes, and all of the sentencing conditions indicated in the instant crime, including the circumstances after the crime.

Defendant’s assertion is without merit.

The favorable circumstances: The defendant recognized the crime of this case and reflected against the investigation by expressing the merchant line, etc.; the crime related to narcotics requires strict measures as a crime that causes the degradation of individuals, families, society as a whole; the sale of phiphones is a crime that has a great social harm, such as the mass production of addicts; the amount of phiphonephones handled by the defendant is relatively large; the defendant has been punished by imprisonment three times for the same crime; the defendant committed the crime of this case during the period of repeated crimes; the defendant continued to commit the crime related to narcotics even after he/she was subject to tracking by an investigative agency for some crimes; and the nature of the crime of acquisition of stolen goods is not good.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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