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(영문) 수원지방법원 2018.10.05 2018노3694
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant is making a confession of all of the instant crimes.

The defendant's mental health is not good due to stimulative disorder, etc.

In this case, the Defendant only administered or possessed philophones, but did not provide them for distribution such as selling them.

The defendant supports a pregnant woman who is not good in the state of health.

This is the circumstances favorable to the defendant.

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.

The defendant has been sentenced to punishment for the same kind of crime and has committed each of the crimes of this case for the same kind of repeated crime.

This is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

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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