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(영문) 수원지방법원 2018.06.08 2017노7863
마약류관리에관한법률위반(향정)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (an additional collection of KRW 100,000,000) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The Defendant recognized all the facts charged in the instant case, in depth, reflects the importance thereof, and fulfills his will.

There are circumstances that may be considered favorable to the defendant, such as the fact that he actively cooperatedd with the investigation of the relevant narcotics crime, the fact that he voluntarily made efforts to escape from narcotics addiction, such as receiving hospitalized treatment prior to the instant crime, etc., and the fact that his mother and his wife together make efforts to treat and improve the addiction of the defendant, and that they look closely at social ties, such as moving back their wife, etc.

However, the crime of this case was administered with philophones and arranged the trade of philophones, and the defendant was involved in the distribution of philophones without being subject to simple medication.

It is necessary to strictly punish the crime of this case, which is committed without being aware of during the period of suspension of the execution after being sentenced to imprisonment for the same crime.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, means, and consequence of the crime, etc., the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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