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(영문) 의정부지방법원 2017.06.16 2017노1011
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. In determining narcotics-related crimes, there is a need to strictly punish not only criminals but also socially harmful to them due to high toxicity.

On February 10, 2015, the Defendant was sentenced to one year of imprisonment due to a violation of the Narcotics Control Act (compact) and committed the instant crime on eight occasions, including the same criminal history, and even during the period of repeated crime due to the above criminal record, the Defendant committed the instant crime, and there are many transfers of phiphones that the Defendant administered or possessed five times.

The lower court rendered a sentence against the Defendant by taking into account such unfavorable circumstances and the fact that the Defendant appears to possess phiphonephones for the purpose of medication, taking into account the circumstances favorable to the Defendant, taking into account the Defendant’s age, sex, environment, motive for committing the crime, circumstances after committing the crime, and the scope of recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing Committee.

The sentencing of the lower court appears to have been conducted within the reasonable scope of discretion, and there are no other new data to change the sentencing of the lower court.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

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. It is so decided as per Disposition.

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