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(영문) 수원지방법원 2016.09.23 2016노3778
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one and half years of imprisonment, confiscation, and collection KRW 100,00) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant reflects and recognizes the offense, and that there is a family member to support the Defendant, etc. are considered favorable to the sentencing.

However, considering the circumstances unfavorable to sentencing, such as the Defendant’s age, sexual conduct, criminal records, motive and means of the crime, and circumstances before and after the crime, the lower court’s punishment is too too unreasonable, and thus, cannot be deemed unfair, in light of the following: (a) the Defendant committed the instant crime again during the period of the same repeated crime, and (b) the Defendant’s phiphonephonephones possessed by him is about 51.38g; and (c) narcotics-related crimes are highly likely to be seriously malicious and re-offending; and (b) there is a need to severely punish the offender, such as: (a) the Defendant’s age, sexual behavior, criminal records, motive and means of the crime; and

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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