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(영문) 수원지방법원 2016.08.12 2016노3570

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized the instant crime and reflected, and cooperation with the investigation.

However, the fact that the defendant has been punished for the same kind of crime (smelting hallucinogenic substances), the defendant possesses mass phiphones for the purpose of sale, the defendant submitted a written public statement of investigation against the 8 narcotics offender at the trial of the court of first instance to the seven narcotics offender, but it seems difficult for the court of first instance to change the punishment of the court below even if considering the additional criminal investigation public statement, and other various sentencing conditions such as the defendant's age, sex behavior, environment, motive for the crime, and circumstances after the crime are considered, it cannot be said that the punishment of the court below is unfair because it is too too unreasonable.

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.