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(영문) 광주지방법원 2019.08.22 2019노1445
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant denied the instant crime at the lower court and recognized the instant crime in the trial and reflected against the Defendant is favorable to the Defendant.

On the other hand, the Defendant had the record of having been punished several times for the same crime, and the sentence among them is imposed five times even if he was sentenced. Nevertheless, the Defendant committed each of the crimes in this case during the period of repeated crime for which it has not yet been executed after the execution of the sentence according to the judgment sentenced to the same crime was not reflected and it has not yet been executed.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the sentencing guidelines for the Supreme Court’s sentencing committee, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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