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(영문) 수원지방법원 2019.05.16 2019노1243
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Recognizing that circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, and the fact that there was no record of punishment in the Republic of Korea, this seems to have already been considered in the sentencing of the lower court.

In addition, the crime of this case was committed by the defendant, who is a foreigner of the nationality of Thailand, administered phiphones while illegally staying in the Republic of Korea for a long time, and intrudes into military bases and installations without permission. In light of the method and contents of the crime, etc., the crime was considerably poor in the nature of the crime in light of the method and contents of the crime, and the crime related to narcotics, etc. is highly likely to have a serious adverse impact on society as a whole, such as impairing the public health or inducing other crimes, and thus, requires strict punishment. In full view of the following circumstances: equity in sentencing with sentencing with the case of the same or similar kind and similar type of crime, and other various sentencing conditions shown in the argument of this case, such as the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, it

Therefore, the defendant's above assertion is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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