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(영문) 수원지방법원 2015.12.18 2015노5831

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, confiscation, and collection KRW 800,000) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant.

However, in light of the following circumstances: (a) narcotics crime is likely to repeat a crime; (b) there is a serious need to strictly punish a crime that is highly harmful to society; (c) the Defendant sells phiphones beyond a simple medication; and (d) the Defendant again commits the instant crime during the period of repeated crime due to the same crime; and (c) the lower court rendered the lowest sentence within the scope of the recommended sentence (one year to six months from one year to six months); and (d) considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal record, motive for the crime, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.