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(영문) 수원지방법원 2014.09.25 2014노4467
마약류관리에관한법률위반(대마)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal of this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and 24,000 won of surcharge) is too unreasonable.

2. The judgment is a favorable condition for the defendant that the defendant committed a crime with a four-month period of detention, that the defendant smokes marijuana for the purpose of relaxing pains and depressions by visual images suffered two years, that there is no record of punishment for the same kind of crime after 2008, and that the defendant's leakage and village residents want to take a preference against the defendant.

However, considering the fact that the administration of narcotics causes serious harm to the society and the state’s soundness due to their toxicity, the Defendant committed the instant crime without being aware of the fact that the Defendant had been sentenced four times of imprisonment or one time of suspended execution, the amount of marijuana handled, the Defendant’s age, character and conduct, and environment, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, are considered as inappropriate.

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

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