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(영문) 수원지방법원 2014.04.24 2013노6420
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two years of imprisonment, confiscation, surcharge 11,141,200 won) is too unreasonable.

2. The judgment of the defendant reflects his mistake in depth and repents, and the defendant's father and spouse wishing to take the action against the defendant is a favorable condition to the defendant.

However, crimes related to medication and distribution of narcotics, etc. require strict punishment, in addition to avoiding the body and mind of addicts due to their serious addiction and propagation, as well as causing serious harm and injury to society as a whole, such as impairing the health of the general public and inducing related crimes, etc.; Defendant sold, purchased, administered, or possessed phiphones during the repeated period of the same crime; Defendant committed the crime of receiving marijuana; Defendant committed the crime of receiving and receiving marijuana; Defendant’s volume and frequency of phiphonephones handled through sale and purchase; Defendant’s degree of drug addiction seems to require compulsory isolation with society for a long time due to serious degree of the Defendant’s drug addiction; and other factors specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, are considered as inappropriate.

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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