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(영문) 수원지방법원 2016.04.15 2016노864
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months, the collection of 100,000 won) is too unreasonable.

2. The fact that the decision-making defendant recognized the crime of this case and reflected, and the fact that the defendant voluntarily surrendered is favorable to the sentencing.

However, given that the Defendant committed the instant crime during the period of repeated crime for the same crime, the Defendant has a history of serving seven criminal punishment for the same crime, and narcotics-related crimes are highly harmful to society and have a high risk of recidivism, and thus requires strict punishment, the lower court’s judgment rendered a sentence lower than the lower court’s lower court’s sentencing standard ( October) under the sentencing guidelines, barring any special circumstance that may change the lower court’s sentence in the first instance trial, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered, it cannot be said that the sentence imposed by the lower court is undue, considering various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc.

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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