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(영문) 수원지방법원 2015.09.11 2015노891
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The fact that the accused acknowledges and reflects the crime, the economic situation is difficult, and the fairness in the case where the judgment was rendered together with the crime for which the judgment became final and conclusive should be considered (the latter part of Article 37 of the Criminal Act concurrent crimes) are favorable to the sentencing.

However, considering the fact that the crime of this case is a crime committed during the period of repeated crime due to the same crime, the defendant has already been sentenced to imprisonment with prison labor and suspended sentence several times, the fact that the court below was punished by a fine by fully reflecting the above favorable circumstances in the court below, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the court below 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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