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(영문) 수원지방법원 2019.05.31 2018노7717
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime of paragraph (1) in the form of imprisonment: two months, and the crime of paragraph (2) in the holding: imprisonment with prison labor for ten months) of the lower court is too unreasonable; and

2. It should be recognized that the judgment recognizes the Defendant’s criminal act and reflects the Defendant’s intention, shows his intention for a short term, and that the Defendant’s live together desires to be the Defendant’s wife against the Defendant.

However, the defendant committed the crime of Paragraph 1 in the judgment of the court below and committed the crime of Paragraph 2 in the judgment of the court below since he was sentenced to probation for not less than six months after being sentenced to probation for the previous conviction in the judgment of the court below. Considering the defendant's age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and means of the crime, are determined within the reasonable scope.

Furthermore, even if the defendant provided information about additional drug crimes in the trial, it is difficult to view it as a circumstance to change the sentence of the court below in light of other sentencing factors against the defendant.

Defendant’s assertion that the sentencing of the lower court is unreasonable is rejected.

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. It is so decided as per Disposition.

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