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(영문) 수원지방법원 2016.04.15 2016노884
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of one year and two months, confiscation, additional collection of 931,00 won) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects it, the Defendant’s health is not good due to diseases such as chronic kidney diseases, gymal heart symptoms, etc., and the Defendant’s wife desires to find the Defendant’s wife, etc. are favorable to the sentencing.

However, the number or volume of the defendant who administered narcotics is not a large number of times or quantities, the defendant has a history of being sentenced to the suspended sentence once a sentence of the same crime, the defendant has a history of criminal punishment six times a sentence for the same crime, and the crime related to narcotics is highly likely to cause severe harm to the society and the risk of recidivism, and thus requires strict punishment, and there are no special circumstances to change the sentence of the court below when it comes to the trial, and considering various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing, it cannot be said that the sentence imposed by the court below is unfair because it 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. It is so decided as per Disposition.

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