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(영문) 수원지방법원 2014.07.24 2014노2878

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 (one year of imprisonment and two hundred thousand won of surcharge) is too unreasonable.

2. The judgment is a favorable condition for the defendant that the defendant reflects his criminal act and repents, that the amount of the penphone handled by the defendant is not large, that there is a family member to support, that is not good for his health and economic conditions, that the defendant's wife and his wife want to take a preference against the defendant.

However, in light of the fact that the administration of narcotics causes serious harm to society and the state’s soundness due to their toxicity, even though there was no previous narcotic offense since 2005, the Defendant committed the instant crime without being aware of the fact that he committed the instant crime in spite of the five previous criminal offenses, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as shown in the records and arguments of the instant case, do not seem to be unreasonable because the Defendant’s sentence against the Defendant 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 ground that it is without merit. It is so decided as per Disposition.