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(영문) 수원지방법원 2014.10.23 2014노4870
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment, confiscation, and surcharge one million won) is too unreasonable.

2. The judgment is a favorable condition to the defendant that the defendant reflects his mistake in depth through the life of custody for not less than four months, and is repenting, that the defendant's health status is bad, and that the defendant's parents want to take a preference against the defendant.

However, the crime related to medication and distribution of narcotics is likely to cause serious harm and harm to society as a whole, such as impairing the health of the general public and inducing related crimes, etc. In addition, the crime related to medication and distribution of narcotics requires strict punishment. The defendant was sentenced to imprisonment with prison labor for three years at the Seoul Central District Court on June 28, 2013 and the suspension of execution for four years at around that time, and the above judgment became final and conclusive after being sentenced to imprisonment with prison labor for three years at the Seoul Central District Court on June 28, 2013 for the criminal fact that the defendant imported approximately 2.12 gopon from the Philippines to the Republic of Korea and administered the sopon. The purchase of the sopon and administered the sopon during the suspension of execution, the volume of the sopon purchased by the defendant, and taking into account the various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, environment, etc.

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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