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(영문) 수원지방법원 2017.04.28 2017노951
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (one year and six months of imprisonment; one year and one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the favorable circumstances such as the confession and reflect of the defendant against the defendant A, the fact that the defendant actively cooperatedd in the investigation of drug crimes, the fact that the defendant had been punished for the same mariana crime, the fact that the defendant committed each of the crimes of this case without being aware of the fact that the defendant committed the crime of this case during the repeated crime period, the number of times the defendant's penphone medication, the fact that the defendant's penphone medication with others, the fact that the crime is not easy in light of the method of the crime, such as the administration of phiphonephone, the fact that considering the degree of phiphone addiction, the need for isolation from society for a considerable period of time is considered, it cannot be said that the court below's punishment is unfair because it is too unreasonable in light of all the sentencing conditions such as the defendant's age, sexual behavior, motive for the crime, frequency of the crime, the method of the crime, and the circumstances after the crime.

B. The court below’s punishment is too unreasonable in light of various sentencing conditions, such as Defendant C’s age, sexual conduct, motive, frequency of crime, method of crime, method of crime, circumstance after crime, etc., in light of the following: (a) the Defendant’s confession and reflect against Defendant C; (b) the Defendant committed each of the instant crimes without being able to do so even during the period of repeated crime; (c) the number of times the Defendant administered phiphones; and (d) the degree of phiphone addiction is deemed to require isolation from society for a certain period of time in light of the degree of phiphone addiction; and (e) the punishment of the court below is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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