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(영문) 수원지방법원 2017.09.14 2017노1094

마약류관리에관한법률위반(향정)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s punishment (ten months of imprisonment and one year of suspended execution) against the Defendants on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendants recognized all of their criminal acts and reflected, the record of punishment in Korea is not verifiable, and the Defendants appears to have committed the instant crime once after being recommended to administer the medication from the person who committed the instant crime, and appears to have not been actively engaged in the instant crime, such as soliciting others to administer the medication together, are favorable to the Defendants.

However, the abuse and abuse of a local mental medicine is highly likely to cause harm to individuals and society, and it is necessary to strictize it due to serious harm, such as encouraging illegal drug transactions, and causing many crimes, and it is not possible to find out the circumstances that have been changed to the extent that it is particularly considered in sentencing in the first instance. In full view of all the sentencing conditions stated in the records of the instant case, including the Defendants’ age, sex, environment, motive and circumstance leading to the commission of the crime, and circumstances after the commission of the crime, it is difficult to see that the sentencing of the lower court is too excessive and unfair. Thus, the Defendants’ above assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.