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(영문) 수원지방법원 2014.05.15 2014노1656
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 punishment (one year and six months of imprisonment, confiscation and surcharge 200,00 won) is too unreasonable.

2. Although the Defendant’s mistake is divided and reflected in the judgment, the administration of narcotics is highly likely to be punished because of their toxicity as serious crimes detrimental to the social and national soundness. In light of the fact that the Defendant was sentenced to a suspended sentence for the same criminal record and was sentenced to a suspended sentence on August 24, 2013, and the execution of each of the suspended sentence was terminated on August 24, 2013, even though six months have not passed thereafter, the Defendant committed the instant crime. The Defendant appears to have a strong addiction to phiphonephones, and it seems necessary to stop narcotics through compulsory isolation with the society for a certain period of time. In addition, considering the various factors under Article 51 of the Criminal Act, which are the conditions for sentencing such as the Defendant’s age, character and conduct, environment, etc. as indicated in the records and arguments of the instant case, the sentence against the Defendant is too unreasonable.

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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