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(영문) 서울중앙지방법원 2016.03.31 2016노57
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and three months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. In full view of the fact that the quantity of philophones possessed by the Defendant is 13.57g, about 452 times for a single medication as of 0.03g, and that the single medication is a considerable amount of 271 times for a administration even though it is deemed 0.05g for a single medication, there is a history of being punished for a crime of 2013 squarephones, the Defendant appears to have continuously administered philophones in light of the fact that there is a reaction from the Defendant’s hair to train philophones, and the sentencing guidelines (one year to three years) of the Sentencing Committee for the Punishment of the Supreme Court, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

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.

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