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(영문) 수원지방법원 2017.07.21 2017노2909
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the 2 years and 2 months of imprisonment, confiscation of seized articles, confiscation of 5,103,00 won additional collection) is too unreasonable.

2. However, there are extenuating circumstances such as that the Defendant recognized the instant crime and divided his mistake, and that the Defendant contributed to the investigation of the narcotics crime.

However, the crime of this case is that the defendant purchased and sold, received, administered, or possessed phiphonephones; that the defendant smoked marijuana; that the defendant stolens the property in an apartment jointly with his accomplice; that is, the amount of phiphones handled by the defendant is not large; in the case of larceny, the defendant and his accomplice prepare for electricity, etc. in advance, and enter the residential space for the larceny and enter the residential space for the thief, and then the method is not appropriate.

In addition, the defendant has already been punished five times for narcotics crimes, and there is a high possibility of criticism in that he committed the crime of this case without being aware of it during the repeated crime period after the execution of the final sentence has been completed.

Taking into account the circumstances above, the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s sentence is too unreasonable.

3. 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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