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(영문) 수원지방법원 2014.09.25 2014노4047
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two months of imprisonment and two hundred thousand won of the surcharge) is too unreasonable.

2. The judgment of the defendant is a favorable condition to the defendant that he or she divided his or her mistake into a prison life for more than two months and is going to return to society faithfully and return to society. The fact that the defendant cooperates in the investigation of the narcotics offender, the wife and children must support and are living in an economically difficult life, and the defendant's wife and those who want to take the action against the defendant is going to be able to support.

However, considering the fact that the administration of narcotics causes serious harm to the social and national soundness due to their toxicity, the necessity of punishment is high, that the defendant administered phiphones twice without being aware of it during the suspension period due to the same crime, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, and environment, as shown in the records and arguments of this case, the sentence of the court below against the defendant seems to have been set sufficiently considering the above favorable circumstances, and it 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 ground that it is without merit. It is so decided as per Disposition.

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