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(영문) 수원지방법원 2019.11.21 2019노4411

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.

2. Although the judgment of the court below is recognized that the defendant made a confession of all the crimes and reflects the depth of the crime, the defendant committed the crime of this case due to the side effects of administration and medication over a long time, and there are family members in need of support, the court below seems to have determined the punishment in consideration of all the above sentencing factors.

In such circumstances, the crime of this case was committed by the defendant several times and administered so that the nature of the crime is inferior in light of the methods and contents of the crime. Narcotics-related crimes are not only to avoid the body and mind of an individual, but also to harm the public health and to cause other crimes. Thus, it is necessary to strictly punish the crime of this case. The defendant started to commit the crime of this case at approximately two weeks after the judgment ordering the suspension of execution of imprisonment due to the same kind of crime became final and conclusive, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the punishment of the court below is too unreasonable.

Therefore, the defendant's above assertion 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.