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(영문) 수원지방법원 2015.11.13 2015노5220
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of one year and six months, confiscation, collection 3.7 million won) is too unreasonable.

2. The circumstances favorable to sentencing include the fact that the accused acknowledges and reflects the crime, the cooperation of important matters in the investigation of narcotics crimes, and the support for family's livelihood.

However, there are many circumstances that are disadvantageous to the sentencing, such as the fact that the defendant already has three criminal records of the same kind and has multiple criminal offenses, the fact that the phiphones are highly harmful to social harm caused by its toxicity, and the fact that the defendant has committed a crime that sells phiphones beyond simple medication and possession to others, and the fact that the defendant has committed a crime that sells phiphones to others beyond mere medication and possession, and the case is serious.

In this context, considering the following factors: Defendant’s age, environment, motive, means and consequence of the commission of the crime, various sentencing conditions, such as the circumstances after the commission of the crime, and the fact that the lower court determined the sentence within the scope of the recommended sentencing guidelines, the sentence imposed by the lower court is too unreasonable.

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.

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