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(영문) 서울고등법원 2016.07.01 2016노877
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The punishment of the judgment below which was unfair in sentencing (two years of imprisonment and additional collection) is too unreasonable.

2. The lower court determined: (a) under favorable circumstances to the Defendant; (b) the Defendant was able to partially commit the instant crime on June 10, 2015; and (c) the Defendant was able to commit the instant crime on the part of his criminal investigation agency; and (b) the Defendant contributed to the arrest of other narcotics offenders by actively cooperating in the investigation; and (b) under unfavorable circumstances, the number of times the Defendant received and administered narcotics and the number of times the Defendant received and administered narcotics is not

(b) paragraphs 3, 4, and 1-c;

Comprehensively taking account of the fact that the Defendant committed an additional offense of violation of the Act on the Control of Narcotics, Etc. (in addition, Nos. 7 through 9 of the List of Crimes) such as the Sentencing period, there have already been several previous offenses of the same kind, and there have been the past record of having been sentenced to imprisonment due to this, and the Defendant committed each of the instant offenses during the repeated offense period after completing the execution of imprisonment due to a violation of the Act on the Control of Narcotics, Etc., the sentence was determined within the scope of the recommended punishment according to the sentencing guidelines set by the

The crime of narcotics, such as the crime of this case, is not easy to detect in light of its characteristics, and the risk of recidivism is high, as well as the negative impact on society as a whole. Such sentencing of the court below seems to have been appropriately determined by fully taking into account the aforementioned various circumstances, and there is no change in circumstances that may be assessed differently from the sentencing conditions of the court below up to the trial. In addition, considering all the sentencing factors of the defendant in the argument of this case, such as the defendant's age, sex, conduct, environment, family relationship, motive for the crime, circumstance after the crime, etc., the sentence of the court below against the defendant is too unreasonable.

Defendant’s assertion is not accepted.

3. Thus, the defendant's appeal is without merit.

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