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(영문) 의정부지방법원 2016.02.05 2015노3408
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the Defendant is excessively unreasonable, due to the summary of the grounds for appeal.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case, the statement that the defendant made his mistake unfolded in depth, and the fact that there is a dependent, etc.

However, the crime of this case committed by the defendant is serious in light of its contents, circumstances, protection of legal interests, etc., and social harm caused by the crime of this case is serious, and even if there were the records of punishment twice as the same kind of crime, it is likely to be criticized for the crime of this case. The court below held that the defendant was sentenced to one year of imprisonment with prison labor, which is the lowest of the sentencing guidelines set by the sentencing guidelines, considering the various circumstances of the defendant, and there is no special change in circumstances that may reduce the sentence of the court below in the trial. The court below's assertion is without merit, in light of the balance of general punishment in cases of the same and similar kind of crime, and the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, possibility of recidivism, family relations, health conditions, etc., it is reasonable and excessive that the punishment of the defendant imposed by the court below is unfair since it is not justified.

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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