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(영문) 수원지방법원 2015.05.01 2015노1189
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, confiscation, additional collection of 2.7 million won) is too unreasonable.

2. The circumstances favorable to the defendant can be considered in light of the following: (a) the defendant led to confession and reflect; (b) cooperation in the investigation of narcotics; (c) K who administered narcotics voluntarily attended the police; and (d) the family members and branch members of the defendant want to take the front line; and (c) the fact that K who provided narcotics voluntarily surrenders to the police.

On the other hand, there are many circumstances unfavorable to the defendant, such as the following: (a) the defendant was sentenced one time to imprisonment with prison labor for the same crime and one time to suspend the execution; (b) the defendant was convicted of criminal punishment for more than ten times in total; (c) the crime of this case was committed during the repeated crime period due to the same crime; and (d) the suspension of indictment was imposed once on the same crime on January 2014; (b) the crime of this case was not committed again; (c) the crime of this case is poor; and (d) the risk of recidivism is high; (d) the amount of phiphonephone purchased by the defendant is not large; and (e) the defendant had K that had no record of phiphone medication, and caused the

In this context, considering the following factors: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, conditions of sentencing and the fact that the lower court determined the punishment within the scope of the recommended sentencing guidelines, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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