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(영문) 수원지방법원 2015.11.20 2015노5034
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment, one hundred and fifty thousand won of additional collection) is too unreasonable.

2. There are favorable circumstances, such as the fact that the defendant confessions and reflects the judgment, that is, the fact that the defendant makes a simple purchase and medication, and that the health is not good.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, criminal records, motive for the crime, circumstance after the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the following circumstances: (a) the risk of recidivism is high and the need for severe punishment is high; (b) the Defendant commits the crime of this case during the period of repeated crime; and (c) the Defendant again commits the crime of this case during the period of repeated punishment due to the same crime; and (d) the court below rendered a sentence lower than the lowest sentence of the recommended sentence (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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