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(영문) 대전지방법원 2018.01.31 2017노3057
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The circumstances are favorable to the fact that the Defendant recognized the instant crime and reflected, and that it appears that he actively cooperated with the investigation of other narcotics-related crimes and the arrest of the operator of the gambling site.

However, each of the crimes of this case is disadvantageous to the following: (a) the Defendant sold a considerable quantity of phiphonephones over several occasions beyond holding a phiphone and sold a considerable amount of phiphones; (b) there is a need to strictly punish the crime of narcotics in light of the social harm caused by narcotics and the need to eradicate them; (c) the amount of phiphones possessed by the Defendant at the time of arrest exceeds 230 grams; (d) the Defendant was punished for the same kind of crime at least ten times; and (e) the Defendant committed each of the crimes of this case during the period of repeated crime due to the same kind of crime.

In full view of the above circumstances and other factors of sentencing indicated in the records of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., considering that there are circumstances where the Defendant cooperates in the arrest investigation of the operator of the gambling site in addition to the cooperation for the investigation of drug offenders in consideration of the lower court’s circumstances, the lower court’s punishment is too unreasonable.

Therefore, the defendant's 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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