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(영문) 수원지방법원 2014.02.20 2013노5998
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 (one year of imprisonment and additional collection) is too unreasonable.

2. It is recognized that the Defendant’s confession and reflects the instant crime, and that the Defendant’s health is not good.

However, in light of the fact that the medication of narcotics causes serious harm to the society and the state’s soundness due to its toxicity, there is a great need to punish the Defendant as a serious crime; that the Defendant once the period of the suspension of the execution of the sentence for the same kind of crime expires; that the Defendant once again administered phiphones; and that the Defendant repeatedly administered phiphones for a short period of time, it is necessary to consider the Defendant as dependent on phiphones in a society for a considerable period of time, and that the Defendant is in need to be accommodated in a society for a considerable period of time, as well as all the sentencing conditions, such as the Defendant’s age, character

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. It is so decided as per Disposition.

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