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(영문) 의정부지방법원 2017.10.26 2017노2308
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the penalty of 1 year and 6 months, 503,000 won) is too unreasonable.

2. It is recognized that the defendant made a judgment that he/she made a confession of all crimes and made a mistake against his/her will, and that he/she has a family member to support the defendant.

However, since narcotics not only destroy the body and mind of an individual but also cause social harm such as causing other crimes, it is necessary to severely punish crimes related to narcotics.

On March 26, 2010, the Defendant was sentenced to a suspended sentence of two years for ten months as a crime of violation of the Narcotics Control Act by this court.

In addition, on June 21, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act in the Seoul Eastern District Court on one-year imprisonment, and the judgment became final and conclusive on June 29, 2016, sold phiphones to E only three months after the period of the suspended sentence began.

The period during which the defendant handles narcotics is seven months.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it 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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