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(영문) 수원지방법원 2016.01.22 2015노5962
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment, additional collection of 1.2 million won) is too unreasonable, which is the gist of the grounds for appeal.

2. There are extenuating circumstances to consider the sentencing favorable to the sentencing, such as the fact that the defendant recognized the crime and reflects, cooperates in the investigation of narcotics crimes, and supporting his/her family.

However, considering that the Defendant already committed the instant crime during the period of repeated crimes due to the same kind of crime, and committed the crime of selling phiphones beyond the simple medication, and other various conditions of sentencing, such as Defendant’s age, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the fact that the lower court determined the punishment within the scope of the recommended sentencing guidelines, it cannot be deemed unfair because the sentence imposed by 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.

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