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(영문) 의정부지방법원 2016.11.03 2016노2348
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (a punishment of 10 months of imprisonment, confiscation, and collection of 450,000 won) is too unreasonable.

2. It is recognized that there is a family member(s) to support the accused, and whether the accused is willing not to repeat the crime.

However, narcotics crimes require strict punishment due to their toxicity that causes severe harm to the offender as well as the society, and the defendant repeats the administration of philophones, including the administration of phiphones to her wife, and smokes marijuana, and the nature of the crime is heavy.

Defendant has been sentenced to two times of imprisonment for the same crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be 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 ground that it is without merit. It is so decided as per Disposition.

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