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(영문) 수원지방법원 2013.07.11 2013노1089
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 imprisonment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Although the Defendant made a confession to commit the instant crime and takes a short term of punishment, the sentence of the lower court is too unreasonable in light of all the sentencing conditions, including the following: (a) the instant crime committed by which phiphones are administered and sold on several occasions from the date on which the Defendant was sentenced to imprisonment for the same kind of crime; (b) the toxicity of narcotics causes serious harm to the society and the state’s soundness; and (c) the Defendant lacks the attitude of reflectiveness against the Defendant, such as the Defendant’s violation of discipline in a detention house during confinement as the instant case.

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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