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(영문) 서울남부지방법원 2016.10.13 2016노1422
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is to recognize both the facts charged and reflect in depth, and further, it is hard to say that the Defendant will not be able to own a site for narcotics.

The defendant was under severe stress due to the difficulties in the management of the frequency of operation and the parenting of both nests were under severe stress due to the difficulties in family condition due to the rearing of the baby, which led to contingent narcotics.

The defendant is detained and is exclusively in charge of the childcare of the married person, and if the detention is long-term, the burden on the family will be increased.

In full view of these circumstances, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Examining the Defendant’s age, character, experience, family relationship, environment, motive, means and consequence of the crime, circumstances after the crime, and the reasons for sentencing of the lower judgment compared with all the circumstances indicated in the instant records and arguments, such as the criminal records, and the same criminal records, the lower court’s punishment is too unreasonable even in light of the various circumstances asserted by the Defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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