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(영문) 수원지방법원 2015.11.27 2015노5172

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, two years of additional collection, 3.2 million won) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, criminal records, motive for the crime, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, considering the following: (a) the Defendant sells phiphones in multiple times; (b) the volume of phiphones sold by the Defendant is considerable; (c) the risk of recidivism is high and the need to strictly punish the Defendant as a highly harmful crime; and (d) the Defendant committed the crime of this case in large amount; and (c) the Defendant committed the crime of this case again during the period of repeated crime due to the same kind of crime.

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.