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(영문) 수원지방법원 2016.03.11 2015노7346
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation, additional collection of KRW 750,00) is too unreasonable.

2. There are extenuating circumstances to consider the Defendant in favor of sentencing, such as the fact that the Defendant recognized and reflected the instant crime, and the fact that the Defendant voluntarily surrendered.

However, considering various sentencing conditions, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable because the Defendant completed the execution of imprisonment for the same kind of crime, committed again during the period of repeated crime, the amount of phiphones purchased by the Defendant, the Defendant administered phiphones twice, Defendant two times, and the risk of recidivism is very high. Narcotics-related crimes need to be strictly punished, and other various sentencing conditions such as the Defendant’s age, environment, motive, means and consequence of the crime, etc.

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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