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(영문) 수원지방법원 2018.07.27 2018노2689
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant appears to have the intent to recognize his mistake and to have the drug treated as addiction by the instant case.

The defendant's home environment is difficult to be the defendant's family environment, and the person who is administered by the defendant is seen.

In addition, the defendant, who is the most supported by his wife, children, etc., wants the wife of the defendant.

Since the Defendant was punished for committing a crime related to light drugs in 2003, there are extenuating circumstances such as having no criminal record of the same kind.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

The number of narcotics handled by the defendant in this case is very large.

The defendant committed each of the crimes of this case again, even though he had been subject to punishment three times (one time of actual punishment, two times of fines) due to the same crime.

In addition, the possibility of criticism is also high due to the fact that there are many different types of 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.

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