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(영문) 수원지방법원 2014.03.20 2013노6380
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year and two months of imprisonment and nine hundred and fifty thousand won of the surcharge) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant: (b) was able to cut and return narcotics to society in good faith while breaking his mistake; (c) the Defendant voluntarily surrenders to the commission of the crime with respect to the administration of philophones by early August 2012 and the early September 2012; (d) cooperation with the investigation of narcotics on accomplices; and (e) the Defendant’s family members who wish to take the Defendant’s measures against the Defendant.

However, considering the fact that the administration of narcotics causes serious harm to society and the state’s soundness due to their toxicity, there is a great need for punishment, that the defendant has been punished several times for the same crime, that the defendant administered phiphones several times during the period of repeated crime of the same crime, and that the defendant assisted the sale and purchase, and that the defendant assisted the sale and purchase of the drugs, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant’s age, character and conduct, and environment, as shown in the records and arguments of this case, are considered as inappropriate.

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

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