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(영문) 수원지방법원 2016.07.15 2016노3237

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to sentencing are: (a) the fact that the judgment of the accused acknowledges and reflects the crime; (b) there is no record of crime exceeding the fine imposed on the accused; and (c) the fact that the Defendant was leading to the instant crime by attempting to commit death.

However, since the volume of the Defendant’s philopon as arranged by the Defendant is about 105g and the nature of the crime is very heavy, narcotics-related crimes need to be strictly punished since they are highly malicious in society and the risk of recidivism. Considering the fact that the lower court sentenced to the lower court’s punishment (one year of imprisonment) according to the sentencing guidelines, the lower court’s age, sex, criminal conduct, criminal records, motive and means of the crime, circumstances before and after the crime, etc., it cannot be said that the lower court’s punishment is 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.