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(영문) 대전지방법원 2017.02.15 2016노3196
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment, and a surcharge of KRW 300,00) of the lower court is too heavy or unreasonable.

2. The judgment of the defendant is recognized as favorable circumstances such as the time when the defendant committed the instant crime.

However, according to the circumstances such as the fact that the Defendant has been punished several times for the same kind of crime, and in particular, during the period of repeated crime due to the same crime, the Defendant committed again the crime of this case, and that the Defendant is not only to possess and administer narcotics but also to assist others in the trade, etc., and that the Defendant has a considerable number of times or quantities of handling narcotics by administering, receiving, or arranging narcotics, it is reasonable to punish the Defendant strictly.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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