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(영문) 의정부지방법원 2018.06.04 2017노3563
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because it is too unreasonable that the sentence imposed by the court below (two years of suspended execution, observation of protection, and pharmacologic treatment for 10 months) is too unreasonable.

2. It is recognized that the judgment defendant recognized his mistake and reflects his mistake, surrenders himself to the investigation agency, cooperates in the investigation, and there is no record of punishment for the past narcotics crime.

However, narcotics crimes are serious crimes that cause severe harm to the society due to toxicity and need to be punished strictly, the transfer of phiphonephones that have been administered and received several times due to the instant crimes, and the fact that there was a history of having been punished several times including imprisonment with prison labor due to the instant crimes, etc. in the past, considering the circumstances unfavorable to the Defendant, and there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, taking into account the following factors: the Defendant’s age, sex, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., as a whole, it is not recognized that the sentence imposed by the lower court is unfair because it is too excessive.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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