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(영문) 수원지방법원 2016.03.11 2015노7068
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months, additional collection of one hundred thousand won) is too unreasonable.

2. The judgment of the defendant recognized the crime and reflects the defendant's act, and the defendant's wife and his wife wanting to take the defendant's wife into consideration the sentencing in favor of the sentencing.

However, in light of the fact that the Defendant again committed a crime during the suspended execution period for the same kind of crime, the crime related to narcotics is highly likely to be harmful to the society and the risk of repeating the crime, and thus, it is necessary to strictly punish the crime, the lower court was sentenced to a minor punishment than the lower limit of the sentencing guidelines (one year), and other various sentencing conditions such as the Defendant’s age, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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.

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