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(영문) 대전지방법원 2017.03.22 2016노3731
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (Defendant A: Imprisonment of one year, additional collection of one thousand and one hundred thousand won, and one year, additional collection of one thousand and two hundred won) of the lower court’s punishment is too heavy or unreasonable.

Judgment

The Defendants recognized all of the crimes of this case. Although the Defendants were sentenced to suspended execution and fine due to the crimes of this type, they did not have any record of punishment for the same crime, Defendant A was subject to the removal of the modified body, and it was not very good to health due to the appearance of the white paper.

However, the number or volume of philophones purchased and administered by the Defendants is not so low, and the quality of the crime is not good because they have been repeatedly purchased and administered for a considerable period of time, and the crime of narcotics is not easy to detect in light of its characteristics, and it is not easy to detect the risk of recidivism, and there is a need to strict the negative impact on the society as a whole.

In full view of the above circumstances and other circumstances, including the Defendants’ age, sex, environment, motive, means, and consequence, there is no special circumstance that the lower court’s punishment is too heavy or unreasonable as it is difficult for the lower court to determine different sentencing conditions as stated in the records, such as the circumstances after the commission of the crime.

Therefore, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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