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(영문) 수원지방법원 2012.12.06 2012노4385

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 additional collection) is too unreasonable.

2. It is recognized that the Defendant’s confession of the instant crime and reflects the fact that the amount of penphone handled by the Defendant is not large.

However, the Defendant, at the Seoul Central District Court on June 4, 201, sentenced one year and two months to be sentenced to imprisonment for a violation of the Narcotics Control Act, and committed the instant crime, which is the same crime, within the repeated crime period after the execution of the sentence was completed on June 11, 2011. The Defendant had the record of being punished three times for the same crime, the Defendant appears to have a serious degree of addiction to ordinary narcotics, and there is a need to strictly punish the instant crime in light of the harm and injury inflicted on the society, including the content of the instant crime, circumstances after the crime, Defendant’s age, character and conduct, environment, etc., it is not recognized that the lower court’s punishment 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 since it is without merit.