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(영문) 수원지방법원 2016.06.24 2016노2241

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection 3,00 won) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant recognized the crime and reflected the crime, and the crime of this case is a smoking person once in marijuana, etc. are favorable to the sentencing.

However, even though the defendant had been under the past criminal punishment twice the suspended sentence for the same crime, he/she again commits the crime of this case during the suspended sentence period, narcotics-related crimes need to be strictly punished since they have a high risk of repeating the crime, and considering all the sentencing conditions, including the defendant's age, sex, criminal records, motive and means of the crime, and circumstances before and after the crime, it cannot be deemed unfair because the sentence of the court below 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.