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(영문) 의정부지방법원 2015.05.01 2015노760
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the defendant to the crime of this case and the statement that the defendant has made his mistake repented in depth, and the fact that the family members and branch members of the defendant actively wished to leave the ship while actively paying attention to and leading the defendant, the defendant actively cooperated in the investigation and arrest of the drug offender, and the long-term detention of the defendant can involve excessive difficulty to his family members.

However, even though the defendant had been punished by a fine for the same kind of crime in around 2009, each of the crimes of this case committed by the defendant is highly likely to be subject to criticism, and the nature of the crime of this case is serious due to the administration, acceptance, sale, etc. of philophones. The amount of philophones handled by the defendant and the number of times of the crimes is significant, social harm caused by the crime of narcotics is serious, and the court below seems to have sentenced 10 months of imprisonment with prison labor in consideration of the various circumstances of the defendant. There is no special change of circumstances that may differ from the court below in the trial in light of the balance with the general sentencing in the same and similar cases, the defendant's age, character and behavior, intelligence and environment, the motive, circumstance, means and consequence of the crime of this case, criminal records, circumstances after the crime, and family relations, etc., the court below's sentence imposed by the defendant is proper and unreasonable, and therefore, the defendant's assertion is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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