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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
He/she shall hold a prosecution (prosecution) and Kim Jong-sung (Trial)
Defense Counsel
Seoul National Assembly (Attorney Lee Dong-chul, Counsel for defendant-appellant)
Judgment of the lower court
Seoul Central District Court Decision 2016 Height1856 Decided June 2, 2016
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
The sentence of the lower court (one year of imprisonment, etc.) is too unreasonable.
2. Determination
In full view of all the sentencing conditions shown in the records and arguments of this case, including the scope of recommended punishment (one year of imprisonment - three years of imprisonment - 1) in the sentencing guidelines, the age, occupation, character and conduct, family relationship, and circumstances after the crime, the court below's sentence against the defendant is deemed appropriate. The defendant's assertion is without merit.
○ favorable circumstances: The fact that the Defendant recognized the instant crime and reflected it; the fact that the Defendant appears to have severeded the instant crime related to phiphones for a considerable period after the completion of the enforcement of the sentence in 2005 (the fact that the voice response of philophones was confirmed as a result of the urine and the buphone appraisal) and that the Defendant has supported her mother while engaging in a faithful occupation.
The crime related to narcotics is a crime that causes the degradation of individuals, homes, and society as a whole, and requires strict measures. In particular, the crime that delivers phiphones to others is a crime that has a larger social risk, such as mass production of various addicts, and the defendant has been punished by imprisonment three times with prison labor due to the past crime such as receipt and possession of phiphones.
3. Conclusion
Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Lee Do-young (Presiding Judge)
Note 1) Type 2 (Malopon Receipt and Receipt) Basic Area: 1 year-2 year-2 year-3 year: