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(영문) 수원지방법원 2016.03.25 2016노338
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the imprisonment of eight months, additional collection of five hundred thousand won) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected it is favorable for sentencing.

However, the Defendant committed the instant crime during the period of repeated crime for the same kind of crime, the Defendant has a history of serving a sentence once as a sentence for the same crime, two times as a suspended sentence, and the crime related to narcotics is highly likely to be committed, and thus, requires strict punishment. The instant crime is committed under the circumstances unfavorable to the sentencing, such as the Defendant’s sale of narcotics to others, and there are no special circumstances to change the sentence of the lower court in the first instance, and considering the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the punishment imposed by the lower court is too unreasonable, and considering the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., which are the conditions of sentencing.

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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