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(영문) 수원지방법원 2013.08.13 2013노1687

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. It is recognized that the Defendant’s confession and reflects the instant crime, and that the Defendant did not commit the same kind of crime for a considerable period after having been sentenced to imprisonment for the same kind of crime.

However, it is not unreasonable that the court below's punishment is too inappropriate in light of all the conditions of sentencing including the Defendant's age, character and behavior, environment, motive and circumstance after the crime, etc., including the fact that the medication of narcotics causes serious harm to the society and the state's soundness due to its toxicity, and recidivism during the period of repeated crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.