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수원지방법원 2018.03.16 2017노9337

The defendant's appeal is dismissed.


1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The decision-making defendant shows his intention that he would be entitled to receive treatment for drug addiction later without being able to receive narcotics again.

In addition, there are also extenuating circumstances such as that the defendant's appearance is considerably old and maternity health conditions are not good.

However, the crime of this case is not only a crime committed during the period of a repeated crime of the same kind, but also a crime committed by a person who has been sentenced to imprisonment not only nine times for the same crime, but also is against the medication of narcotics.

It is difficult to see it.

In addition, there is a high possibility of criticism in the fact that there are many criminal records.

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