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(영문) 수원지방법원 2016.05.27 2016노1942
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and four months of imprisonment, additional collection of KRW 500,000) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized and reflected the instant crime, and the Defendant’s family members and branch members want to take the Defendant’s wife, etc. are favorable to the sentencing.

However, considering the fact that the Defendant had been punished several times for the same kind of crime and that the instant crime was committed during the repeated crime period due to the same kind of crime, narcotics-related crimes need to be strictly punished since they are socially malicious and highly high risk of recidivism, and there are no special circumstances to change the sentence of the lower court in the first instance trial, and all of the sentencing conditions such as the Defendant’s age, sexual conduct, criminal records, motive and means of the crime, circumstances before and after the crime, etc., the lower court’s punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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