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(영문) 수원지방법원 2018.06.08 2018노1336
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes, in depth, reflects the importance thereof, and is in a consistent mind.

There are also circumstances that may be taken into account, such as the fact that the detention of the defendant is long-term, may seriously threaten the livelihood of the above child, the fact that social ties are clear, and the fact that the defendant was involved in the administration and possession of philophones, but did not participate in the distribution thereof.

However, the lower court, taking into account all the above circumstances, sentenced the Defendant to a punishment lower than the lower court’s sentencing guidelines.

Furthermore, the defendant has been subject to criminal punishment several times, and the suspension of the execution of imprisonment for the same kind of crime is not familiar with the punishment, and there is a high possibility of criticism that the defendant again committed the crime of this case during the grace period, and the responsibility for the crime is very heavy.

In addition to the detection of philophones in all areas of the hair, it is necessary to isolate them from society for a certain period of time or longer since the degree of philophone addiction is not weak.

The decision is judged.

In full view of other circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., considering the fact that the Defendant cooperates in the investigation into a drug-related case, such as the materials submitted in the first instance trial, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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