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(영문) 수원지방법원 2013.10.24 2013노4049
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. It is recognized that the judgment of the defendant led to the confession and reflect of the crime of this case, and that the defendant did not commit the same crime for a considerable period after being sentenced to imprisonment for the same kind of crime.

However, it does not seem that the sentence of the court below is too unreasonable in light of all the sentencing conditions including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, as a serious crime detrimental to the social and national soundness due to its toxicity, as well as the necessity of punishment.

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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