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(영문) 수원지방법원 2016.09.23 2016노2341
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one hundred months of imprisonment and one hundred thousand won of additional collection) is too unreasonable in light of the gist of the grounds for appeal.

2. The fact that the judgment of the defendant recognized and reflecteds the crime, and that the defendant's wife wants to leave the place, etc. are favorable to the sentencing.

However, the Defendant committed the instant crime during the period of suspension of execution despite the past record of criminal punishment for the same crime, and committed again during the period of suspension of execution; the lower court sentenced to a punishment lower than the lower limit (one year) in the sentencing guidelines; and narcotics-related crimes are highly likely to cause serious harm to the society and the risk of repeating crimes; thus, the Defendant’s age, sex, criminal conduct, criminal records, motive and means of the crime, and all of the sentencing conditions, including the circumstances before and after the crime, need to be strictly punished. In light of the foregoing, it cannot be said that 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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