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(영문) 수원지방법원 2014.04.03 2013노5870

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and two hundred thousand won of surcharge) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, that the defendant, who divided his mistake, is expected to cut narcotics and return them to society in good faith, that the defendant actively cooperates in the investigation of narcotics crimes, that the defendant's family situation is not good, that the defendant's mother and wife must support, and that the defendant's mother and the representative of the company in which the defendant had been employed have submitted a written application for coal that the defendant's mother and the defendant want to take the action against the defendant is favorable to the defendant.

However, considering the fact that the administration of narcotics causes serious harm to society and the state’s soundness due to their toxicity, it is highly necessary to punish the Defendant as a serious crime, the Defendant committed the instant crime even if he had been sentenced 4 times as punishment for the same crime, suspended execution once again, and other various matters specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and behavior and environment, as shown in the records and arguments of the instant case, is too unreasonable.

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