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(영문) 수원지방법원 2020.01.16 2019노6075
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Recognizing that circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, the Defendant appears to have purchased phiphones for the purpose of simple medication, and the volume of phiphones purchased are not high, it seems that the lower court’s sentencing has already been considered.

In addition, the crime of this case was committed on three occasions by the defendant purchasing phiphones and administered phiphones purchased on seven occasions. In light of the method and content of the crime, etc., the crime is considerably poor in terms of the nature of the crime, narcotics-related crimes not only cause the body and mind of an individual, but also cause harm to the public health and other crimes, and thus have a serious adverse impact on society as a whole, and thus it is necessary to punish the crime. The defendant was sentenced to a fine of KRW 10 million on April 24, 2019 due to the violation of the Act on the Control of Narcotics, etc. (flaon), and was committed on two months only after he was sentenced to a fine of KRW 10 million on April 24, 201, and the defendant committed the crime of this case during the period of repeated crime, and the equity in sentencing of the defendant's age, character and behavior, environment, motive, motive and consequence of the crime, etc., it is not recognized that the defendant's family's punishment is unfair even if it is considered too unfair.

Therefore, the defendant's above assertion is not accepted.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Regulations on Criminal Procedure, the "Act on the Control of Narcotics, etc." of 5 lines below the fourth sentence of the judgment below shall be deemed to be relevant to the control of narcotics.

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