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(영문) 수원지방법원 2018.02.02 2017노6690
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a year of imprisonment, confiscation of seized articles, collection of 200,000 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 likely to be criticized in that the defendant purchased and administered philophones, and the nature of the crime is not less severe, and the defendant has already been punished once as a narcotics crime, and not only has the record of punishment, but also has a sense of criticism in that he committed the crime of this case without being aware of it during the period of repeated crime after the execution of the punishment was completed.

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.

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