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(영문) 수원지방법원 2016.08.26 2016노3933

마약류관리에관한법률위반(향정)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment, confiscation, additional collection of 1,404,00 won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the accused received or administered narcotics has a large number of times, and thus, the nature of the offense is grave, and the crime related to narcotics is highly likely to be malicious in society and recidivism, so it is necessary to strictly punish the offender. The fact that the accused has a record of 16 times or more of punishment for the crime of this species is disadvantageous to the sentencing.

However, the fact that the defendant recognizes the crime of this case and reflects it, that the defendant has no record of punishment for the same drug crime, that the defendant cooperates in the investigation, and that the defendant's consciousness desires to leave the place, etc. are favorable to the sentencing.

In addition, considering various sentencing conditions, such as the Defendant’s age, sex, criminal records, motive and means of the crime, and the circumstances before and after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.