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(영문) 수원지방법원 2018.08.31 2018노1951
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. The defendant shows his intention to recognize his mistake and to receive the rehabilitation treatment by the instant case.

The defendant seems to be not to have a good health condition due to the trapsy, expansion of engine, etc.

In addition, since one defendant's mother is considerably old and health conditions are not good, it seems necessary to care of the defendant.

In this case, the defendant did not simply receive and sell philophones for medication and provide them to distribute them.

However, despite the fact that the defendant had been punished three times for the same crime, he/she is administering narcotics again and seriously reflects the fact that he/she has been punished.

It is difficult to see it.

In addition, the possibility of criticism is also high due to the fact that there are many different types of criminal records.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, frequency of a crime, and circumstances after committing a crime, the lower court’s punishment is too unreasonable because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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