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(영문) 서울중앙지방법원 2016.10.13 2016노3051
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (one year and two months of imprisonment) is too unreasonable;

2. In full view of the following circumstances, the lower court’s sentence against the Defendant is deemed appropriate in light of all of the following factors: the Defendant’s age, character and conduct, family relations, the frequency and amount of handling philophones, and all of the sentencing conditions indicated in the records and arguments, such as the circumstances after the crime.

Defendant’s assertion is without merit.

The favorable circumstances: The crime related to narcotics requires strict measures as a crime that causes the degradation of individuals, homes, and society as a whole; the defendant has been punished more than 6 times in total due to the same crime; the defendant has been punished more than 8 times in total due to the same crime; the defendant has failed to block the crime related to narcotics; the defendant attempted to administer phiphones together with others beyond being administered by himself; the response of phiphones is confirmed in the Macul appraisal.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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