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(영문) 수원지방법원 2015.12.11 2015노5572
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, confiscation, additional collection KRW 681,286) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the accused, and the cooperation with the investigative agency and the trial for narcotics investigation.

However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal record, motive for the crime, circumstance after the crime, etc., the sentence of the court below is too unreasonable, in light of the following circumstances: (a) narcotics crime is likely to repeat a crime; (b) there is a heavy need to strictly punish phiphonephones that the Defendant purchased; (c) the amount of phiphonephones that the Defendant was in possession of; and (d) the Defendant again commits the crime of this case during the period of repeated crime due to the same crime; and (b) the court below imposed the lowest sentence within the scope of the recommended sentence (from August to June); and (c) the punishment imposed by the court below is unreasonable

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

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