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(영문) 수원지방법원 2015.05.15 2015노851

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment, additional collection of KRW 780,00) is too unreasonable.

Judgment

The circumstances favorable to the defendant include the confession and rebuttal of the defendant, the arrest of the drug offender upon the request of the defendant, the family members of the defendant and the family members of the defendant want to leave.

However, there are many circumstances unfavorable to the defendant, such as the fact that the defendant has been sentenced one time to imprisonment for the same crime and one time to suspend execution, the fact that the crime of this case was committed during the period of repeated crime due to the same crime, the frequency of medication is high, and the risk of recidivism is high.

In this context, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the sentence imposed by the court below cannot be deemed to be unfair because the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.