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(영문) 수원지방법원 2018.06.01 2018노1334
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The judgment defendant led to the confession of each of the crimes of this case.

Each of the crimes of this case was conducted by purchasing philophones and smoking marijuana, and did not provide them for distribution such as selling them.

This is the circumstances favorable to the defendant.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

The defendant's same force has reached nine times (seven times of actual punishment, two times of suspended execution), and each of the crimes of this case is likely to repeat the crime due to a crime committed during the same repeated crime period.

shall not be deemed to exist.

It is true that the amount of philophone handled by the defendant is less than

shall not be deemed to exist.

In addition, the possibility of criticism is high due to the fact that the defendant has a large number of criminal records.

In light of the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the sentence of the lower court is too unreasonable and is not deemed unfair (it is difficult to evaluate that the Defendant partially cooperatedd with the investigation related to a drug crime through his seal, but it is difficult to assess that the lower court’s punishment was an important cooperation in investigation to the extent that the sentence would be mitigated). Then, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.

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