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(영문) 서울남부지방법원 2018.07.17 2017노1016
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 sentence (10 months of imprisonment, 2 years of suspended sentence, 2 years of suspended sentence, observation of protection and order to attend lectures) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant recognized all of his/her criminal acts; (b) the defendant has no record of criminal punishment in Korea; and (c) the most likely to support the spouse and a young child based on his/her living in Korea.

The crimes related to the drugs, etc. are disadvantageous to the defendant, such as the high risk of recidivism and social harm due to their halluity and toxicity, and the number of times and periods in which the defendant administered phiphones and the defendant did not have a lot of time.

When comprehensively considering the defendant's age, sexual conduct, environment, family relationship, health status, motive, background, means and consequence of the crime, and other various sentencing conditions that are shown in the records and theories of this case, such as the circumstances before and after the crime, the punishment sentenced by the court below is acceptable as being within the proper scope of punishment according to the defendant's liability, and it is not recognized 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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