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(영문) 수원지방법원 2016.06.10 2016노2191
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the collection of 1.6 months and 10.10 million won by imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s recognition of the instant crime.

However, there are several criminal records for the defendant, and the defendant commits the crime of this case again during the period of repeated crime due to the same crime, and the defendant repeatedly handles philophones and delivers philophones, and the sentencing guidelines are imposed.

1. Crimes 1 (Offense of Violation of the Act on the Control of Narcotics, etc. Caused by Handphones) / [Determination of types] 2 types (b) / Determination of the area of recommendation / Decision of the area of recommendation : Persons subject to special sentencing: Persons subject to the same criminal record : Persons subject to the same criminal record : Persons subject to imprisonment for not less than one year and 6 months and not more than 4 years;

2. Crimes of Type 2 (Offense of Violation of the Act on the Control of Narcotics, Etc. Caused by Purchase of Handphones) / [Determination of types] 2 types (b) / Decision of the area of recommendation / Decision of the area of recommendation : Persons subject to special sentencing: Persons subject to the same criminal record : Persons subject to the same offense : Persons subject to imprisonment for not less than one year and 6 months and not more than 4 years.

3. Type 3 (Determination of the Type) : Imprisonment with prison labor for not less than one year but not more than three years, for a period of not less than 1 to not more than 3 years, in the area of aggravation (decision of the area of recommendation: the person subject to special sentencing: the person subject to the same criminal record) of the 3-type (decision of the 3-type) Medication, mere possession, etc. of narcotics.

4. The result of the multiple crimes aggravated (Article 1/2 subparag. 1/3 of the upper limit of the crime No. 2) / [the final sentence scope] 1 year and six months to seven years of imprisonment, and other various sentencing conditions such as Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, even if considering the Defendant’s cooperation in a narcotics investigation, the sentence imposed by the lower court 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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