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(영문) 수원지방법원 2015.11.20 2015노3962
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one million won of additional collection) is too unreasonable.

2. An ordinary situation may be favorable, such as the fact that the defendant makes a confession and reflects, and cooperates with the narcotics investigation business.

However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal record, motive for the crime, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the following: (a) the Defendant was sentenced to a fine for the same kind of crime; (b) the Defendant was sentenced to a suspended sentence; and (c) the Defendant was selling the penphones beyond the lower limit of the recommended sentence (one year to three years); and (d) the court below imposed a sentence that is lower than the lower limit of the recommended sentence (one year to three years); and (e) the punishment imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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