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(영문) 수원지방법원 2016.04.01 2016노482
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, additional collection of one hundred thousand won) is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected it is favorable for sentencing.

However, considering various circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the punishment imposed by the court below is too unreasonable, considering the following factors: (a) the defendant committed the crime in this case during the suspension period for the same crime; and (b) five months after the judgment of the suspension of the execution becomes final and conclusive; (c) the defendant has served one sentence for the same crime; and (d) the defendant has served three criminal punishments for the suspension of the execution period; and (e) narcotics-related crimes have a high risk of social disorder and recidivism, and thus requires strict punishment; and (e) the defendant's age, sex, environment, motive, means and consequence of the crime; and (e) the punishment imposed by the court below is too unreasonable.

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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