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수원지방법원 2017.08.18 2017노1435

The defendant's appeal is dismissed.


1. The decision of the court below on the gist of the grounds for appeal (a punishment of imprisonment of one year and two months, confiscation of seized articles, collection of 10 million won) is too unreasonable.

2. However, there are extenuating circumstances such as that the Defendant recognized the instant crime and divided his mistake, and that the Defendant contributed to the investigation of the narcotics crime.

However, the crime of this case is deemed to have been administered and traded by the Defendant, and the nature of the crime is not weak, but the quantity of the penphone handled by the Defendant and the number of times the Defendant handled the penphones. The Defendant was punished by imprisonment with prison labor for a drug crime in October 28, 2016 at the Seoul Central District Court, which was sentenced to two years of suspension of execution, and was subject to protection and observation during the grace period, and thus, there is a high possibility of criticism in that he committed the crime of this case without being aware of the fact.

On the other hand, even though the public statement and investigation report that the defendant contributed to the investigation of drug crimes were additionally submitted when the court below decided the punishment against the defendant, it seems that the defendant has already contributed to the investigation of a large number of narcotics crimes. As above, it is not deemed that the circumstance that the public statement, etc. was submitted additionally to the court below for the first time and the public statement, etc. was a reason to change the sentence of the court below.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is too unreasonable.

3. 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.