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(영문) 수원지방법원 2015.12.11 2015노5438

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of one year and six months, confiscation, collection 222,50 won) is too unreasonable.

In recent years, it is intended to support the wife and children in the future by making a family for the first time, and to live in good faith.

2. The lower court determined the sentence by taking account of the circumstances unfavorable to sentencing, such as the fact that the Defendant reflects the crime, the crime of selling phiphones is committed, and the fact that the Defendant committed an attempted crime is committed, and that the amount of phiphones handled by the Defendant is large, and that the Defendant committed again during the period of repeated crime due to the same kind of crime even though there were many criminal convictions of the same kind of crime

Considering that the grounds for sentencing determined by the court below are compared with the sentencing data, and the defendant's age, environment, motive, means and consequence of the crime, various conditions of sentencing including the circumstances after the crime, and the fact that the court below has determined the punishment within the scope of recommended sentencing guidelines (one year to five years and six months), it cannot be deemed that the sentence imposed by the court below is too unreasonable even considering the circumstances asserted by the defendant.

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.