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(영문) 수원지방법원 2015.12.11 2015노5475
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 (five months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant voluntarily surrenders himself to the judgment, and the defendant reflects the crime, the fact that the defendant was in a simple medication once, and the fact that the defendant cooperates with the narcotics investigation business, such as informing him of the standing vessel, etc.

However, in light of the following circumstances: (a) narcotics crime is likely to repeat a crime; and (b) there is a need to strictly punish a crime that is highly harmful to society; (c) the Defendant had the record of being sentenced to a fine due to phiphone medication even before the instant case; (d) the Defendant again committed the instant crime during the repeated crime period; and (c) the lower court rendered a sentence that is lower than the scope of the recommended sentence (6 months to one year and six months); and (d) considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal record, motive for the crime, and circumstances after the crime, it cannot be said that the sentence imposed by the lower court is too unreasonable.

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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