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(영문) 수원지방법원 2015.12.11 2015노5332
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (as to the case of paragraphs (1) and (2) of the facts charged in 2015 Godan1033 and 2015 Godan3209, imprisonment for 4 months, additional collection of 11.80,000 won, imprisonment for 4 months, additional collection of 10,000 won, and confiscation) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant, and the fact that the defendant has no record of having been sentenced to punishment for the same kind of crime.

However, considering various sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, motive for the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the following circumstances: (a) the risk of recidivism is high and the need for severe punishment is high; (b) the amount of penphones provided by the defendant is not large; and (c) some crimes were committed during the suspension period of execution due to the same kind of crime; and (d) the defendant was sentenced to a lower sentence than the lower sentence of the recommendation sentence (one year to three years).

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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