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(영문) 수원지방법원 2017.03.31 2016노8927
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., and the fact that it seems necessary to isolate the Defendant from society for a certain period of time, the lower court’s punishment is too unreasonable, based on the following circumstances: (a) the Defendant appears to have been punished several times for the same kind of crime; (b) the Defendant had been committed several times during the repeated crime period for the same kind of crime; and (c) the fact that the phone was administered habitually during the repeated crime due to the same kind of crime; and (d) the fact that the Defendant appears to have been under the administration of the instant case; (b) the Defendant’s imprisonment, etc. is deemed to require isolation from society for a certain period of time after the crime

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. It is so decided as per Disposition.

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