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(영문) 의정부지방법원 2017.03.09 2016노3135
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, confiscation, and collection of 30,000 won) is too unreasonable.

2. It is recognized that the defendant has a family member(s) to support the defendant(s).

However, the defendant's crime was purchased on a one-time basis and administered once, and the remainder was possessed, and the crime is not easy.

The defendant has two criminal records for the same kind of crime, and has committed the crime of this case during the period of repeated crime due to the same crime.

The high toxicity of narcotics crimes requires severe punishment as well as the harm to the society.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court 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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