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(영문) 수원지방법원 2018.05.18 2018노1069
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant recognized all of the instant crimes and against himself.

There are also circumstances to be considered, such as the fact that the treatment of drug addiction is performed and the will of medicine is diverse, and that it is a situation that supports the aged parents in the sick.

However, the lower court appears to have determined the sentence in consideration of all the above circumstances, and there is no particular change in the sentencing conditions in the past.

In light of the above circumstances, the Defendant’s act of purchasing and administering phiphones without compensation to a third party or to deliver or sell phiphones to a third party, the nature of the crime is not good in light of the frequency and period of the crime, and the quantity of phiphones handled, etc., even though the Defendant had the record of criminal punishment several times including the criminal record of the same kind of crime, the Defendant’s act of committing the crime in this case, and the detection of phiphones in addition to the bronphones, and other various circumstances that are the conditions for the sentencing indicated in the record, such as the Defendant’s age, sex, behavior, environment, family relationship, motive, means and consequence of the crime, etc., it does not seem that the lower court’s punishment is unreasonably excessive beyond the reasonable scope of its discretion.

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

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