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(영문) 수원지방법원 2015.10.30 2015노3350
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, additional collection of 412,00 won) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant, and the defendant's simple purchase, medication, and possession.

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 possibility of recidivism is high and the need for severe punishment is high; (b) the Defendant committed another crime during the suspension of execution due to the same crime; and (c) the Defendant again commits the crime of this case during the suspension of execution period; and (d) the court below sentenced the lowest punishment within the scope of the sentence of recommendation (one year to five years).

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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