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(영문) 대법원 2016.08.25 2016도8798
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the records, the defendant could have asserted the grounds of appeal.

It can not be seen that even if the defendant voluntarily surrenders, the court can voluntarily reduce the punishment for the self-denunciation of the defendant, and the court below's failure to reduce the number of self-denunciation cannot be viewed as illegal.

In addition, in full view of the circumstances that are conditions for sentencing as shown in the records, such as the Defendant’s age character and character intelligence and environment, records of the crime, motive, means and consequence of the crime in this case, there is a substantial reason to recognize that the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to 11 years of imprisonment, is extremely unfair.

shall not be deemed to exist.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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