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(영문) 수원지방법원 2016.06.03 2016노2107
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment, and additional collection KRW 400,000) is too unreasonable in light of the gist of the grounds for appeal.

2. There are circumstances to consider in favor of sentencing the Defendant’s recognition of crime and reflects on the fact that the Defendant introduced D to E with respect to the act of arranging the purchase and sale of phiphones, and that there seems to be no profit acquired, etc.

However, considering the following factors: (a) the Defendant again committed the instant crime during the same period of repeated crime; (b) the Defendant has been punished several times due to the same kind of crime; (c) the lower court sentenced to the lower court’s sentence (one year and six months of imprisonment); and (d) narcotics-related crimes are highly malicious in the society and have high risk of recidivism; and thus, (c) the Defendant’s age, sex, criminal records, motive and means of the crime; and (d) various sentencing conditions, such as the circumstances before and after the crime, are equally considered, 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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