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(영문) 수원지방법원 2014.11.20 2014노5203
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 imprisonment (two years of imprisonment and 4890,000 won), too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant commits a crime related to medication and distribution of narcotics, etc., he/she commits a crime against his/her wrong act, and is divided into two months of imprisonment with prison labor. However, the crime related to medication and distribution of narcotics, etc. is likely to injure the body and mind of addicts due to such serious addiction and propagation, and is in need of strict punishment, such as impairing the health of the general public and causing related crimes, etc.; the defendant repeated the crime of the same kind to two months of imprisonment with prison labor for the same crime without being aware of the criminal records nine times even though he/she had been sentenced to imprisonment with prison labor for the same crime, and sells, gives, receives, administers, and possesses penphones over two years and five months of imprisonment with prison labor; four persons of the other party to the sale of penphones as shown in the crime of this case; eight times of total number; there are no changes in circumstances that may affect the sentencing after the sentence of the court below; and there are no other circumstances that the defendant's age, character and behavior, 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.

(However, pursuant to Article 25 of the Regulation on Criminal Procedure, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. are added to “1. Cumulative Offense Aggravation: Article 35 of the Criminal Act” in the application of the Act on the Control of Narcotics, Etc. ex officio.

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