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(영문) 광주지방법원 2016.01.07 2015노2982
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the imprisonment of eight months, confiscation, and collection KRW 100,00) of the lower court is too unreasonable.

Judgment

It is a favorable sentencing factor such as the fact that the defendant does not repeat again while he reflects his mistake, that the amount of administered and possessed by the defendant is not much than one minute each, and that there is a family member to support the defendant.

However, narcotics-related crimes are very serious in terms of social harm and the risk of recidivism, and the fact that the defendant has already been punished for a suspended sentence due to the same kind of crime in 2011 is a disadvantageous sentencing factor. In addition, if comprehensive consideration of the circumstances of the crime of this case, circumstances after the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., as well as the scope of recommended sentences according to the sentencing guidelines of the Sentencing Committee (the basic area of Type 3 (b) and (c) such as medication and simple possession of drug crimes: 10 months to 2 years), etc., the court below's punishment is too unreasonable, and the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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