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(영문) 수원지방법원 2018.08.24 2018노2726
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The Defendant seems to have led to the confession of the instant crime and reflect in depth the instant crime.

There was no involvement in the distribution of philophones even after the receipt of philophones and administered once.

There are circumstances that can be considered favorable to the defendant, such as the fact that social ties seems clear.

However, considering all the above circumstances, the lower court appears to have rendered a lower sentence than the lower sentence of recommended punishment based on the sentencing guidelines, and it is difficult to find any change in the special sentencing conditions that could change the lower court’s sentence in the first instance.

In the above circumstances, the defendant has been under the past three times of criminal punishment or criminal punishment for a drug crime.

In full view of various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime of this case during the period of the same repeated crime, the lower court’s punishment is too too unreasonable, and thus, cannot be deemed unfair.

Therefore, the defendant's above assertion is without merit.

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

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