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(영문) 수원지방법원 2020.11.06 2020노3365
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment is too heavy or it is unreasonable to conduct an examination.

2. The Defendant recognized all of the crimes of this case, and against himself, and the victim of special intimidation did not want to be punished against the Defendant by mutual consent.

The intention of short-term drugs is strong and active cooperation in investigation to arrest a number of drug offenders.

However, even though there has been a history of punishment several times for the same crime, the Defendant again committed each of the crimes of this case during the period of repeated crime due to the same crime, and the Defendant voluntarily surrenders to commit some of the crimes of this case, but left Korea as an Thailand without complying with the investigation in good faith, and subsequently prevented the additional crimes.

There are circumstances in which the quantity of philophones handled is considerable, and it is not limited to simple medication, but also involved in the distribution of philophones.

In addition, considering the following circumstances, the Defendant’s age, character and conduct, environment, family relationship, health status, criminal records and contents thereof, attitude in the investigation agency and court, nature of the crime, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too heavy or unreasonable as it goes beyond the reasonable scope of its discretion.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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