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(영문) 수원지방법원 2014.02.06 2013노5293
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime of this case and reflects against the defendant.

However, considering the fact that the administration of narcotics causes serious harm to the society and the state’s soundness due to their toxicity, it is not unreasonable for the court below to impose punishment too much on the basis of the following factors: (a) the punishment is required as serious crimes that injure the society and the state’s soundness; and (b) the responsibility for the same crimes has not been imposed during the suspension of the execution period for the same kind of crime; and (c) the defendant’s age, character, environment

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

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