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(영문) 서울고등법원 2016.03.11 2015노3360
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

The sentencing of the court below (two years of imprisonment) is too unreasonable because of the summary of the grounds for appeal.

Judgment

The Defendant appears to be seriously opposed to the instant crime, such as withdrawing the assertion that partially denied the instant crime, unlike the lower court’s judgment, and making the entire confession of the instant crime.

In addition, the defendant's leakage and the defendant wanted to be able to lead the defendant so that the defendant does not reach the crime again.

However, considering such changed sentencing conditions, comprehensively taking account of the various circumstances unfavorable to the defendant as follows, and other various sentencing conditions shown in the arguments in the instant case, such as the defendant’s age, sex, and environment, the sentence that the court below set within the scope of the recommended sentencing guidelines set by the Supreme Court and the sentencing guidelines set by the Supreme Court sentencing committee cannot be deemed to be unfair as the defendant’s assertion in light of the defendant’s act and the degree of responsibility.

The crimes related to narcotics, etc., such as the crime of this case, are likely to cause serious adverse effects on society as well as to avoid the physical and mental health of an individual due to their spatience, toxicity, and radio wave, etc., as well as to threaten the risk of undermining the health and social safety of the people, and cause the relevant crimes.

In addition, recently, our society has tendency to spread narcotics crimes compared to the past.

Therefore, criminal policy needs to eradicate narcotics crimes through more strict criminal liability enforcement.

The Defendant has administered philophones over six times, smoked marijuana over two times, sold and received philophones or marijuana over nine times, and arranged the trade of marijuana, etc. In light of the duration, frequency, form, etc. of the instant crime, the crime is extremely poor.

The defendant.

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