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(영문) 수원지방법원 2015.09.25 2015노3611
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 (one hundred months of imprisonment, two hundred and forty million won of collection) is too unreasonable.

2. In light of the fact that the defendant had a number of criminal records for the same kind of crime, the defendant again committed the crime of this case during the period of repeated crime due to the same crime, and the amount of phiphones handled by the defendant is considerably large and simple, and the nature of the crime is not good.

Nevertheless, the lower court sentenced a sentence by reducing more than the range of recommended sentencing guidelines (one year to three years) as stated in its holding, taking into account the favorable circumstances, such as the fact that the Defendant is relatively old, the fact that he/she acknowledges and reflects a criminal act, and the fact that he/she cooperates with important matters in the investigation of narcotics crimes.

In full view of such circumstances and the Defendant’s environment, health conditions, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

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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