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(영문) 서울중앙지방법원 2016.09.29 2016노2734
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, upon the request of E, did not sell a philopon to E, only by free delivery of philopon.

B. The sentence of the lower court’s improper sentencing (one year and six months, etc.) is too unreasonable.

2. Determination

A. In full view of the facts found by the Defendant’s assertion of mistake of facts in the police, the prosecutorial investigation process, and the court of original instance, the Defendant, even in the court of original instance, issued a penphone to E as stated in the facts charged, and recognized the fact that E received money from E, and in full view of the fact that E purchased a penphone from the Defendant, it is recognized that E had already become final and conclusive, it is reasonable to find the Defendant guilty of the facts charged of the instant case that the Defendant sold a penphone to E two times as described in the facts charged.

The defendant's assertion of mistake is without merit.

B. Under the defendant's unfair assertion of sentencing, the scope of the sentencing guidelines (one year and six years of imprisonment - 6 years) increased by the number of types No. 2 (p. 1 year and six years of sentence): one year and six months - four years (limited to the same type of previous conviction): The final sentencing scope following the increase by the number of multiple crimes: one year and six months - six years, the defendant's age, occupation, sex, family relationship, and all the sentencing conditions in the records and changes theory, such as the records of this case and the circumstances after the crime, the court below's sentence against the defendant is deemed appropriate.

Defendant’s assertion is without merit.

A favorable circumstances: The amount of the philophone handled and the number of times of sales are not many disadvantageous: Narcotics-related crimes are crimes that cause the degradation of individuals, families, and society as a whole, and strict measures are required. In particular, crimes that sell and sell philophones to others are crimes that are highly dangerous social risks, such as mass production of various addicts, and the defendant is related to philophones.

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