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(영문) 수원지방법원 2014.07.10 2013노3857
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two months of imprisonment with prison labor for each of the crimes listed in paragraphs 1 through 4 of the facts constituting the crime in the original judgment) is too unreasonable.

2. The judgment of the court below is an extraordinary circumstance favorable to the defendant that the defendant reflects his mistake in depth, and that in the case of each crime listed in Articles 1 through 4 of the Criminal Act as stated in the judgment below, there was no previous criminal conviction prior to that, and that the defendant should consider equality with the case of a violation of the Act on the Control of Narcotics, etc. (f

However, in light of the fact that the crime related to medication and distribution of narcotics is likely to cause serious harm and harm to society as a whole, such as impairing the health of the general public and inducing related crimes, etc., the defendant does not have knowledge during the suspension period of execution due to the same kind of crime; the defendant committed each crime listed in Articles 5 and 6 of the Criminal facts in the judgment of the court below; the amount of phiphonephones handled by the defendant is large; and other various matters specified in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, and environment, as shown in the records and arguments of this case, it is not deemed unfair for the court below to have imposed the defendant too too much.

3. 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.

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