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(영문) 수원지방법원 2015.12.18 2015노5448
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, confiscation, additional collection of 1760,000 won) is too unreasonable.

2. There are extenuating circumstances, such as the confession of the accused and the reflection of the judgment, and the cooperation with the narcotics investigation business, etc.

However, narcotics crimes are highly likely to repeat crimes and require severe punishment for crimes that are highly harmful to society, and the Defendant has a variety of records of punishment for phiphone medication even before the instant case, the Defendant again committed the instant crimes during the repeated crime period due to the same crime, and the lower court determined the punishment within the scope of the recommended sentence (one month to two years of imprisonment). Considering the Defendant’s age, character and conduct, environment, criminal records, motive for the crime, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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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