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(영문) 수원지방법원 2012.11.08 2012노4143
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the Defendant is against the Defendant’s confession of the instant crime, and on December 15, 201, the Defendant was sentenced to imprisonment for six months with prison labor for violation of the Narcotics Control Act at the Suwon District Court on December 15, 201, and the judgment became final and conclusive on December 23, 2011, and is punished for the instant crime, there is a risk that the said suspended sentence will be invalidated, and the amount of phiphonephones handled by the Defendant is not large.

However, in full view of all other sentencing conditions including the contents of the instant crime, circumstances after the crime, Defendant’s age, character and conduct, environment, etc., it is not recognized that the lower court’s sentence against the Defendant is too unreasonable, in light of the following: (a) the Defendant has been punished twice as the same crime; (b) the Defendant has the record of being sentenced to suspension of indictment by the prosecution; and (c) the prosecution has been suspended indictment by the prosecution; and (d) the harm and injury inflicted on the society is considered.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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