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(영문) 수원지방법원 2018.07.06 2018노1298
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant appears to have recognized the instant crime and is in profoundly against the Defendant.

Before being bound by this case, the hospital has actively endeavored to take care of drug addiction treatment, etc.

The detention of the defendant can be a threat to the livelihood of the child if the detention of the defendant is long-term.

There seems to be clear social ties, such as making efforts together for the opening of the defendant's family and branch members, and appeal for the wife.

However, considering all the above circumstances, the lower court appears to have sentenced the lowest limit of the recommended punishment based on the sentencing guidelines, and it is difficult to find any changes in the special sentencing conditions in the past.

In full view of the above circumstances, the Defendant had multiple criminal records, committed the instant crime again during the period of the suspension of the execution of imprisonment with prison labor for the same kind of crime, and committed the instant crime again during the period of the suspension of the suspension of the execution of imprisonment with prison labor, and the detection of phiphoneic ingredients in the hairs, and other various circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, motive, means and consequence of the crime, etc., the lower court’s punishment is too unfair because it goes beyond the reasonable scope of its

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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