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(영문) 수원지방법원 2017.07.14 2017노1573
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the additional collection of 1 year and April, 320,000 won) is too unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as recognizing the Defendant to commit the instant crime and breaking his mistake.

However, the crime of this case is likely to be criticized in that the defendant arranged the sale and purchase of phiphones and administered them, and the nature of the crime is not less than that of the defendant, and the defendant has already been punished three times for the same crime, as well as that of the defendant, in that he committed the crime of this case without being aware of it, even though he completed the execution of the final punishment for the same crime on October 29, 2009, even though he was a repeated crime, and committed the crime of this case without being aware of it. The defendant concealed the location by avoiding tracking the investigation agency for a considerable period of time.

In light of the above circumstances, taking into account the various circumstances, including the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the sentence of the lower court is too unlimited and does not seem to be unfair (On the other hand, in the first instance trial, a statement of opinion was presented that the Defendant contributed to the investigation by informing the Defendant of the offense of violation of the law of defense, but the fact that the Defendant contributed to the investigation of the offense of violation of the law of defense, not narcotics, does not constitute a sentencing factor on the sentencing guidelines for the offense of violation of the law of defense, and even if considering the contents of the offense of violation of the law of defense, it does not appear that the Defendant’s appeal was a ground to change the sentencing of the lower court on the instant narcotics crime of this case, even if the Defendant reported by the Defendant, it does not constitute a ground to dismiss the judgment of the lower court pursuant to Article 364(4) of the Criminal Procedure Act.

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