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(영문) 수원지방법원 2016.07.08 2016노2874
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (a year of imprisonment, and an additional collection of 400,000 won) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant recognized and reflected the crime is favorable to sentencing.

However, considering the circumstances unfavorable to sentencing, such as the defendant's age, sexual conduct, criminal records, motive and means of the crime, and circumstances before and after the crime, the sentence of the court below is too unreasonable, in light of the following: (a) the defendant committed again the crime of this case during the period of suspension of execution for the same kind of crime; (b) the defendant provided and administered narcotics to his female living together; and (c) the crime related to narcotics is highly malicious and dangerous to the risk of recidivism; and (d) there is a need for strict punishment.

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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