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(영문) 의정부지방법원 2015.03.27 2015노182
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 following facts are acknowledged: (a) the Defendant made a confession of the instant criminal facts, and made a statement that he was able to repent of the mistake in depth; and (b) the Defendant’s family and branch members want to take the Defendant’s preference, and the Defendant’s favorable sentencing factors are recognized as factors for sentencing.

However, the crime of this case committed by the defendant is more severe than the nature of the crime due to provision, giving, taking, medication, etc. of philophones without being aware of the fact that the defendant had been punished for imprisonment due to the violation of the Act on the Control of Narcotics, Etc. (the act of this case) before the crime of this case was committed, and it is highly likely that the crime of this case may be punished for the same kind of crime after the release of 1 to 3 months. Social harm caused by the crime of this case is serious, and the court below seems to have sentenced a minor sentence than the recommended sentencing guidelines presented by the court below, taking full account of various favorable circumstances such as the confession of the defendant and serious reflectivity and character, age, intelligence and environment, motive, means and consequence of the crime of this case, criminal records, relationship with the criminal records, circumstances after the crime, family relations, health conditions, etc., which are shown in the argument of this case, and there is no special change in circumstances to change the punishment of the court below. Thus, the defendant's assertion is inappropriate and unreasonable.

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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