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(영문) 수원지방법원 2015.10.16 2015노3564
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of one year and six months, an additional collection of 1,445,800 won) is too unreasonable.

2. There are favorable circumstances for sentencing, such as the fact that the defendant recognized and reflected the crime, voluntarily surrenders to some crimes, and actively cooperate in the investigation of narcotics crimes.

However, there are many circumstances unfavorable to the sentencing, such as the fact that the defendant has already been sentenced to imprisonment for the same kind and a different kind of crime, the fact that each of the crimes of this case was committed during the period of repeated crime, the fact that he has mediated the philophones to other crimes beyond a simple medication, and the fact that the amount of philophones handled is very serious because the case is not significant.

In this context, various conditions of sentencing, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., should be considered, and considering the fact that the lower court determined the punishment within the scope of the recommended sentencing guidelines, the sentence imposed by the lower court cannot be deemed to be 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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