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(영문) 대전지방법원 2017.11.08 2017노2118
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The fact that the judged defendant recognized the crime of this case and reflected, and that it seems necessary to support the mother's father and mother's family (Provided, That there is a serious economic difficulty to the extent that the mother and mother are unable to maintain their livelihood without the support of the defendant;

The difficulty to see is favorable circumstances.

However, in light of the fact that the crime of this case administers a considerable quantity of phiphones, purchases, receives, etc. and the nature of the crime is not very good, and the social harm caused by narcotics and the necessity of eradicating it, the fact that the crime of this case requires strict punishment for narcotics crimes in light of the social harm caused by narcotics, the fact that the crime of this case was punished three times by the same crime (amount of punishment, suspension of execution, suspension of execution, and punishment) and that another crime was committed during the period of repeated crime due to the same kind of crime

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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