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(영문) 수원지방법원 2016.03.25 2016노470

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months, the collection of 100,000 won) is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected, and that the defendant cooperates with the investigation so that the defendant may arrest a drug offender, etc. are favorable to the sentencing.

However, the defendant committed the crime of this case during the period of repeated crime due to a crime of this kind, and the defendant was subject to one criminal punishment for the suspension of the execution of the same crime, and in 2014, the crime of this case was committed again despite the suspension of indictment for the medication of phiphones, and the crime of narcotics, etc. is highly malicious and dangerous to the risk of recidivism, and thus requires strict punishment, and there are no special circumstances to change the sentence of the court below at the time of the trial, and considering various circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below is too undue, and it cannot be deemed unfair, considering various circumstances, which are conditions for sentencing, such as the punishment imposed by the court below.

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.