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(영문) 수원지방법원 2017.12.07 2017노5018
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (for the Defendants, 10 months of imprisonment, 2 years of suspended execution, 2 years of additional collection) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is determined as follows: (a) the Defendants provided four-time medication, which is the drug of the component of the Meptamina, and (b) the Defendants did not proceed to sales or good offices, but simply provided an attitude to recognize and reflect all of their crimes; and (c) all of the Defendants did not confirm the record of criminal punishment in the Republic of Korea.

However, since abuse and abuse of a local mental medicine is highly dangerous to individuals and society, and there are serious harm, such as encouraging illegal drug transactions, thereby causing the occurrence of various crimes, etc., it is necessary to strictize it even if the crime of simple medication is committed. The judgment of the court below seems to have suspended the execution of imprisonment in consideration of the favorable circumstances to the above Defendants, and there is no discovery of any change in circumstances that may be newly considered for the Defendants in the trial, and other factors indicated in the records of this case, including the age, sex, family environment, motive and circumstance leading to the crime, and circumstances after the crime, etc., the court below's sentencing is too excessive and it is difficult to view that the sentence of the court below is unfair. The above assertion by the Defendants is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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