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(영문) 수원지방법원 2018.01.26 2017노7851

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, method of the crime, and circumstances after the crime, etc., comprehensively taking account of the following factors: (a) the Defendant is led to the crime; (b) the volume of the penphone handled by him; (c) the mental health of him is not good; (d) voluntary reporting the fact of the administration of the penphone to an investigative agency; and (e) the distribution of the given and received penphones is not discovered; (d) the fact that there is a history of punishment for the same crime; (e) the given and received penphones without compensation; and (e) the given and received penphones are administered twice over two occasions; and (e) the response to the training of the penphones is disadvantageously unfavorable to the Defendant’s age, sexual behavior; and (e) the punishment of the lower court is too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the lower court (see, e.g., Supreme Court Decision 200Da484466, Apr. 1, 200).