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(영문) 수원지방법원 2013.07.11 2013노831

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two months of imprisonment and five hundred thousand won of collection) is too unreasonable.

2. The fact that the defendant repents and reflects the wrong fact, the contents of the crime in this case are arranged for the trade of philophones and administered, and the number of crimes or the quantity of philophones used in the crime is not much large, and the defendant actively cooperatedd with the investigation agency for narcotics investigation.

However, on February 9, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on February 9, 2012.

6.1. Despite the fact that the above judgment became final and conclusive, there is a high possibility of criticism in that each of the crimes of this case committed again in the same kind in one week and in fact, without any serious reflectivity, and the court below seems to have determined punishment by fully considering the fact that the above suspension of execution is invalidated when a sentence is imposed on the defendant. In full view of all the sentencing conditions including the circumstances leading to the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, it cannot be deemed that the sentence imposed by 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 since it is without merit. It is so decided as per Disposition.