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(영문) 전주지방법원 2014.12.05 2014노1155
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one hundred months of imprisonment and additional collection) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is in favor of the defendant, such as the confession of the crime of this case and the fact that the amount of the defendant's Metepis administered by the defendant is relatively small, and the defendant supports his wife and two children. However, although the crime of this case is not a person handling narcotics, the crime of this case was administered by the other person despite the fact that the defendant is not a person handling narcotics, the crime of this case is highly likely to cause social harm and recidivism, the crime of this case is committed by the defendant, even though the defendant had already been punished by the suspension of the execution of imprisonment due to the same crime of this case, and the crime of this case is very heavy in nature during the suspension of the execution of the sentence, and other various circumstances, including the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant and his counsel's above assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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