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(영문) 서울중앙지방법원 2017.02.09 2016노4960
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months, etc.) is too unreasonable.

2. In full view of the following circumstances, the lower court’s punishment against the Defendant is deemed appropriate in light of the following: (a) the Defendant’s age, sex, family relationship, frequency and quantity handling phiphones, and all of the sentencing conditions indicated in the instant records and arguments after committing the crime.

Defendant’s assertion is without merit.

The favorable circumstances: The fact that the crime of this case is recognized and reflected, the fact that the scams want to be scamblingly unfavorable to the social ties, such as the fact that the scams want to be scambling of individuals, families, and society, and that the crime related to narcotics requires strict measures as a crime that causes the scambling of the whole society, and that the crime related to the sale of scams is the one-story of social harm, such as the mass production of addicts, etc., the defendant has been punished four times as imprisonment with prison labor for the same kind of crime, and that the defendant has no record of being punished four times as a punishment for committing the crime of this case during the period of repeated crime, and

3. 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.

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