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(영문) 수원지방법원 2020.02.13 2019노6811

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Even though the circumstances are recognized, such as the confession of the Defendant to commit the instant crime and reflects his depth on his mistake, and the fact that the Defendant has no record of punishment in the Republic of Korea, this seems to have already been considered in the sentencing of the lower court.

In addition, the crime of this case is deemed to have been sold by the defendant three times in the form of an psychotropic medicine, and the nature of the crime is considerably poor in light of the method and contents of the crime, and the defendant's dwelling at the time of arrest. The defendant seems to be a domestic sales book, and the crime related to narcotics is necessary to punish the defendant as a serious adverse effect on society as well as upon the mental body and mind of an individual, and the crime related to narcotics, etc., such as impairing the public health and causing other crimes, it is not recognized that the sentence of the court below is too unreasonable in light of various sentencing conditions as shown in the arguments of this case, including the following circumstances: equity in sentencing with the same and similar incidents, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., and the circumstances after the crime.

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.