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(영문) 수원지방법원 2014.02.06 2013노5767
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

The judgment below

Of the text, “103,00 won” shall be corrected to “3,000 won”.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one hundred months of imprisonment and additional collection) is too unreasonable.

2. The instant crime of purchasing the instant phiphones was committed in the attempted attempt, and the fact that the amount of the hemp provided or the frequency of the crime was not much high is considered favorable to the Defendant.

However, even around 2010, the Defendant, even though having been punished as a suspended sentence of imprisonment for a crime related to marijuana, did not seriously reflect the past history of being sentenced to a suspended sentence of imprisonment for a crime related to marijuana, and seems to have a high possibility of criticism, and the Defendant seems to have dependent on hallucinogenic substances, and there is a need to isolate such Defendant from the harmful environment for a certain period. In full view of the aforementioned overall circumstances, the lower court appears to have determined the sentence, and all the sentencing conditions in the records and arguments of this case, it does not seem that the Defendant’s sentence imposed by the lower court 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 ground that it is without merit. Since it is obvious that "103,00 won" is a clerical error of "3,00 won" in the disposition of the court below, it is decided to correct it. It is so decided as per Disposition.

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