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(영문) 수원지방법원 2018.01.26 2017노7865

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the penalty of 10,00 won shall be collected in 10,000 won) is too unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as the fact that the Defendant recognized the instant crime and divided his mistake, and that the Defendant voluntarily expressed the possession of a phiphone to the prosecution.

However, the crime of this case was committed by the Defendant who administered and possessed phiphonephones and intrudes on the residence of the former part, and the nature of the crime is not weak, and it seems that the Defendant’s crime was committed by the former part of the Defendant and his children, and the Defendant has been punished six times as a drug crime, and it is highly likely that the Defendant committed the crime of this case within a short time without being aware of it during the period of repeated offense after completing the execution of the last sentence on May 15, 2017.

Taking into account the circumstances above, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is too unreasonable.

3. 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.