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(영문) 수원지방법원 2013.08.13 2013노2458

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 and additional collection) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime of this case and reflects against the defendant.

However, even though the defendant had been punished several times for the same crime, he/she again committed the crime in this case during the repeated crime period, and committed the crime in this case again, the amount of philophones purchased by the defendant is not large, and the necessity of punishment is a serious crime detrimental to the social and national soundness due to toxicity, as well as the age, character and behavior, environment, motive and circumstance of the crime, and circumstances of the crime after the crime, etc., comprehensively considering all the sentencing conditions, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc. (the defendant asserted that he/she voluntarily surrendered to the investigative agency, but the court below did not reflect these circumstances, and thus, it is established by voluntarily reporting his/her criminal fact to the investigative agency and expressing his/her intention to seek prosecution. According to evidence duly adopted and examined at the court below and the trial court, G can be acknowledged as having reported the fact to the prosecutor under contact with the defendant or the defendant's situation, even if such G prosecutorial report conforms with the defendant's intent, and thus, it cannot be evaluated that the defendant's voluntary criminal investigation or investigation.