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(영문) 수원지방법원 2013.11.21 2013노4623
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the Defendant’s confession and reflects the instant crime, and that the Defendant did not commit the same kind of crime for a considerable period after having been sentenced to imprisonment for the same kind of crime.

However, in light of the fact that the administration of narcotics causes serious harm to the social and national soundness due to their toxicity, and the necessity of punishment is high, and the defendant seems to have dependent on the philophones for a short period of time, and there is a need to keep the defendant informed of the punishment in society for a certain period of time, as well as all the sentencing conditions, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it is difficult to view that the sentence of the court below 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 ground that it is without merit. It is so decided as per Disposition.

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