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(영문) 수원지방법원 2018.07.20 2018노2519
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasons for appeal (the first crime as indicated in the holding: imprisonment with prison labor for three months, and the second crime as indicated in the holding: imprisonment with prison labor for ten months) of the lower court is too unreasonable;

2. It seems that the judgment defendant recognized his/her mistake and suffered from spawn severely and health conditions are not good.

In addition, since one parent of the defendant is extremely old and health condition is not good, it seems necessary to care of the defendant.

Criminal facts No. 1 in the judgment of the court below are crimes of violation of the Act on the Control of Narcotics, Etc., for which judgment has become final and conclusive on November 2017 and ex post facto concurrent crimes, and there is a need to consider equity with the case of sentencing a judgment.

However, it is necessary to strictly punish narcotics-related crimes not only because they avoid the body and mind of an individual due to their crypism, toxicity, etc., but also are highly likely to harm the health and social safety of the people.

Criminal facts No. 2 in the judgment of the court below are crimes committed within a short period after the judgment of the same kind of suspended execution was sentenced, and there was a record of imprisonment with prison labor for the same crime as the above.

Defendant is also likely to commit a second offense.

I seem to appear.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, frequency of a crime, and circumstances after committing a crime, the lower court’s punishment is too unreasonable because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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