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(영문) 수원지방법원 2016.03.18 2015노7649
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one hundred months of imprisonment, confiscation, and collection KRW 300,00) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the judgment defendant recognized and reflecteds the crime, and that the defendant has no record of punishment for the same criminal record, etc. are favorable to the sentencing.

However, considering various sentencing conditions, such as the Defendant’s age, environment, motive, means and consequence of the crime, etc. in light of the following: (a) the Defendant’s administration, delivery, and provision of phiphones; (b) the Defendant’s quantity of phiphonephones received and possessed by the Defendant; (c) the lower court imposed a minor punishment even more than the lower limit of the sentencing guidelines (one year imprisonment) for the recommended sentence; and (d) the crime related to narcotics is highly malicious and the risk of recidivism; and (e) the crime related to narcotics requires strict punishment, etc., it cannot be said that the sentence imposed by the lower court is unfair because it is too excessive.

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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