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(영문) 수원지방법원 2014.02.13 2013노6263

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty on May 31, 2013 of the facts charged in the instant case, and acquitted the Defendant on the sale of philophones on March 15, 2013.

As a result, the part of the judgment of the court below regarding the guilty was separated and finalized.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one hundred months of imprisonment and additional collection) is too unreasonable.

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

However, the sentence of the court below is too inappropriate in light of all the conditions of sentencing including the Defendant’s age, character and conduct, environment, motive and circumstance after the crime, etc., as well as the fact that the administration of narcotics causes serious harm to the society and the state’s soundness due to their toxicity, many times of criminal records, repeated crimes during the period of repeated crimes, etc.

4. 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.