beta
(영문) 수원지방법원 2016.06.10 2016노2204

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year of imprisonment, additional collection 300,000 won) imposed by the court below on the summary of the reasons for appeal is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected the instant crime, and the crime of this case is a circumstance favorable to the sentencing, such as the mere administration of phiphones and the buyer for administration.

However, in light of the following: (a) the Defendant has five times of punishment for the same crime; (b) there is a history of criminal punishment one time of suspended sentence; (c) narcotics-related crimes are highly harmful to the society and have a high risk of recidivism; and (d) there is no special circumstance to change the sentence of the lower court in the first instance trial; and (c) the Defendant’s age, sexual conduct, criminal records, motive and means of the crime; and (d) all of the sentencing conditions, including the circumstances before and after the crime, are equally considered, it cannot be said that the lower court’s punishment

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.