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(영문) 수원지방법원 2016.04.22 2015노6711
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the penalty amounting to KRW 10,000,000, the penalty amounting to KRW 6,000) is too unreasonable.

2. The fact that the Defendant recognized the instant crime and reflected it, and the frequency of the instant crime is not many, etc. are favorable to the sentencing.

However, in 206, the Defendant again committed the instant crime during the period of suspended execution despite being subject to criminal punishment for the same crime again in 2013, even though he/she was subject to criminal punishment for the same crime, etc. in 2013, and the instant crime is committed during the period of suspended execution, and narcotics-related crimes are highly malicious and highly likely to repeat crimes, and thus, requires strict punishment, in light of the circumstances unfavorable to the sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the following circumstances, considering that there are no special circumstances to change the sentence of the lower court at the time of the conviction, there is no undue punishment due to excessive punishment imposed by the lower court.

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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