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(영문) 수원지방법원 2016.10.07 2016노3729
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of one year and six months, confiscation, collection 600,000 won) is too unreasonable.

2. The following facts are favorable for sentencing: (a) the Defendant acknowledges and reflects the offense; (b) the Defendant was hospitalized in a hospital to cut off the past narcotics; and (c) the Defendant cooperates with the investigation of narcotics and led to arrest.

However, the Defendant again commits the instant crime during the period of the same repeated crime even though he/she was subject to two criminal punishments for the same crime, and the Defendant’s administration, purchase, delivery, and receipt of narcotics is not significant, and narcotics-related crimes are highly likely to cause harm and risk of recidivism, so it is necessary to strictly punish the Defendant. In addition, considering all the sentencing conditions, such as the Defendant’s age, character and conduct, criminal records, motive and means of the crime, and circumstances before and after the crime, the lower court’s punishment is too unreasonable.

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

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