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(영문) 수원지방법원 2016.08.12 2016노3516
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, additional collection of 103,00 won) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are to be taken into account in favor of sentencing, such as the fact that the Defendant recognized the crime and reflected the Defendant, and that the Defendant’s wife wanted to be the Defendant’s wife.

However, even though the defendant had been sentenced twice to criminal punishment for the same crime and twice a suspended sentence, he again commits the crime in this case during the period of repeated crime for the same crime, the court below sentenced the lower court to the lower limit of the sentencing guidelines (one year of imprisonment), the crime related to narcotics requires strict punishment because of its social maliciousness and the high risk of recidivism, and all of the sentencing conditions such as the defendant's age, sex behavior, criminal records, motive and means of the crime, and circumstances before and after the crime are taken into account, it cannot be said that the lower court's punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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