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(영문) 수원지방법원 2018.12.13 2018노6358
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant committed the crime of this case with a view to relaxing the pains caused by an accident, and that the defendant reflects his mistake, the sentence of the court below (10 months of imprisonment) is too unreasonable.

2. One of the defendants has no history of criminal punishment in the Republic of Korea, and the defendant has against his/her own mistake, and again has failed to repeat the same mistake.

However, considering the fact that the defendant purchased or received the penphones of 2.3 grams over six times, the number of crimes and the quantity of the penphones acquired, and the toxicity of narcotics and the social problems caused thereby, it is inevitable for the defendant to strictly punish the defendant, taking into account all the sentencing conditions specified in the arguments of this case, including the defendant's age, sexual behavior, environment, and circumstances before and after the crime, the sentence of the court below is too unreasonable.

3. The appeal of this case by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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