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(영문) 수원지방법원 2017.01.20 2016노7886
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, one hundred thousand won of additional collection) on the summary of the grounds of appeal is too unreasonable.

2. The fact that the judgment defendant recognized and reflecteds the crime, and that the defendant has no record of punishment for the same kind of crime, etc. are favorable to the sentencing.

However, considering the following factors: (a) the Defendant was holding a penphone, (b) the Defendant was sentenced to a punishment twice as a crime of double-class, (c) a suspended sentence, (d) a fine of 10 times; (b) narcotics-related crimes are socially malicious and are highly likely to repeat crimes; and (c) the Defendant’s age, sex, motive and means of the crime, and the circumstances before and after the crime, etc., the sentence of the lower court 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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