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(영문) 수원지방법원 2016.01.22 2015노6386
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of 10 months, confiscation, collection 1.4 million won) is too unreasonable.

2. Determination is more favorable to sentencing, such as the fact that the Defendant recognized the offense and reflects the fact that there is no previous conviction, that some crimes constitute aiding and abetting, that there is a ground for statutory mitigation, that the mother’s health status is not good, and that there is a need for the nursing and support of the Defendant.

However, narcotics-related crimes require severe punishment due to their toxicity, the frequency of the crime in this case or the amount of penphones handled by the defendant, the defendant has a criminal record of imprisonment due to the crime in this case, the court below has determined the punishment within the scope of the sentencing guidelines, and other various sentencing conditions such as the defendant's age, environment, details and consequence of the crime, etc., after considering the following factors, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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.

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