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(영문) 수원지방법원 2015.10.16 2015노4129
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflect of the defendant, the defendant's simple purchase and medication, and cooperation with the narcotics investigation business.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, criminal records, motive of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the following circumstances: (a) the risk of recidivism is high and the need for severe punishment is high; (b) the Defendant commits the crime of this case during the repeated crime period; and (c) the Defendant again commits the crime of this case during the period of repeated crime due to the same crime; and (d) the court below sentenced the lowest sentence within the scope of the sentence of recommendation (from October to March 3).

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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