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(영문) 의정부지방법원 2017.01.24 2016노2979
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a year of suspended sentence of one year, 2 years of probation, observation of protection, community service, 120 hours of medicine, 40 hours of pharmacologic, and 1.55 million won of collection) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and that he was the first offender.

B. However, in full view of the facts that narcotics-related crimes have a significant adverse impact on the individuals as well as society as the individuals due to their toxicity, the Defendant attempted to purchase phiphones over six times, and administered phiphones over 11 times, and other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, such as the Defendant’s age, background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if considering the above circumstances favorable to the Defendant, is not determined to be too unreasonable.

Therefore, the defendant's above 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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