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(영문) 대전지방법원 2018.01.31 2017노3598
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the fact that the Defendant recognized the instant crime and reflects the fact that the Defendant was involved in simple medication and receipt, and that he actively cooperated in the investigation of the person who delivered phiphones.

However, in light of the social harm caused by narcotics and the necessity of eradicating them, there is a need to strictly punish the crimes of narcotics, there is a record of being punished several times for the same crimes, and the fact that the crime of this case was committed during the period of repeated crime due to the crime of this species is disadvantageous.

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 court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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