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(영문) 수원지방법원 2018.07.27 2018노2745
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant is making a confession of all of the instant crimes and taking measures to prevent recurrence.

The defendant supports his parents and other family members, and the branch people want to take the action against the defendant.

In this case, the Defendant only administered or purchased philophones, but did not provide them for distribution such as selling them.

In addition, it seems that he actively informed about persons who traded narcotics to one investigation agency and has cooperated with the investigation.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

Although the Defendant was sentenced to suspension of indictment for the same crime, and the Defendant was sentenced to suspension of execution on June 2017 due to injury, etc., it is not good that the Defendant committed each of the crimes of this case during the suspension period and committed each of the crimes of this case.

The defendant has been administered and purchased several times, and the amount of philophones handled is not much.

This is disadvantageous to the defendant.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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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